The paragraphs that follow offer a brief outline of the Canadian Radio-television and Telecommunications Commission’s new media proceedings.
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In November 1998, the Canadian Radio-television and Telecommunications Commission assembled in Gatineau, Quebec, to discuss how services delivered over the internet, “new media,” were affecting and could benefit Canadians. Four main questions were addressed:
- In what ways, and to what extent, do new media affect, or are they likely to affect, the broadcasting and telecommunications undertakings now regulated by the Commission?
- In what ways, and to what extent, are some or any of the new media either broadcasting or telecommunications services?
- To the extent that any of the new media are broadcasting or telecommunications, to what extent should the Commission regulate and supervise them pursuant to the Broadcasting Act and the Telecommunications Act?
- Do the new media raise any other broad policy issues of national interest?s?
In response to the CRTC’s call for comments, over 1000 contributions were received from from individuals, multimedia companies, traditionally regulated industries and their associations. During the public hearings, almost 100 presentations were heard.
The Commissions findings were released in May 1999. They concluded that, although some internet content aligned with the Broadcasting Act’s definitions of “program” and “broadcasting,” regulation was not required. By exempting new media from regulation the Commission hoped to encourage growth and innovation online. The New Media Exemption Order was the end product of the proceedings.
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In July 2002, the CRTC returned to the issue of new media, this time focusing specifically on the redistribution of traditional broadcasting content over the internet. When the Commissioner gathered in Gatineau for the public hearings, five questions were addressed:
- Should Internet retransmission be seen as a substitute for, or a complement to, the activities of existing licensed over-the-air broadcasting and distribution undertakings?
- If Internet retransmission were to become complementary or substitutable for existing over-the-air broadcasting undertakings and/or distribution undertakings, what is its potential impact on the existing regulatory framework?
- What potential impact could Internet retransmission have on the broadcasting system, including, among others, viewers, subscribers, advertisers, producers and broadcasters?
- What are the mechanisms currently or potentially available that would ensure the protection of program rights? In particular, how could the territorial reach of Internet retransmission of programming be restricted to a particular region or to particular customers? Similarly, how could the repropagation of such programming by customers to other Internet users be prevented?
- Would regulation of undertakings providing Internet retransmission of the signals of over-the-air programming undertakings contribute materially to, or detract from, the attainment of the objectives set out in section 3 of the Broadcasting Act?
Forty presentations came before the Commission. In January 2003, the CRTC announced a clarification of the New Media Exemption Order to include Internet retransmission of broadcasting services.
In April 2006, the New Media Exemption Order was further extended to include mobile internet broadcast undertakings.
In February 2007, the Mobile Broadcasting Exemption Order was added, which exempted service providers who were offering television broadcasting services on mobile devices.
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In December 2006, the CRTC released the Report on the Future Environment Facing the Canadian Broadcasting System. The report was a factual record written to inform Government policy decisions with respect to the future of broadcasting in Canada. It provided details on technological trends, presented research and statistics on industry and consumer trends, and suggested policy directions for the following 3-7 years.
Specifically, the Report examined:
- The state of audio-visual technologies and their predicted evolution
- The kind of content delivered through regulated and non-regulated channels of the broadcasting system, and their means of delivery
- The predicted economic impact new technologies on broadcasting undertakings
- The impact the usage of audio-visual technologies by Canadians would have on the broadcasting system
- The content and programming choices available to Canadians
- The predicted modes of consumption future generations would use to consume or access content, programming and programming services.
When the report was released, most Canadians were still consuming broadcasting content through the traditional media channels. The report’s research showed that shifting media consumption patterns were not yet having a negative effect on the Canadian broadcasting system.
Yet the report also showed that a growing number of Canadians, younger Canadians in particular, were accessing broadcasting content through unregulated electronic platforms, such as the Internet and mobile networks. To track the shift attention away from traditional platforms and towards the internet, the CRTC recommended “detailed and ongoing monitoring of developments in the evolution, contribution and impact of audio-visual technologies.*”
From 2006 to 2008, the CRTC conducted reviews of its regulatory frameworks for radio, television and broadcasting distribution, with a particular focus on the current and anticipated impact of technological change.
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In March 2007, the “New Media Project Initiative” was launched. Its purpose was:
… to investigate the social, economic, cultural and technological issues associated with New Media, and what actions, if any, the CRTC should take to ensure that New Media meets the objectives of the Broadcasting and Telecommunications Acts*.
The Initiative set-out to collect and compile research and stakeholder views on broadcasting in the new media environment.
Three studies followed:
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On October 15, 2008, the CRTC issued a notice of consultation and hearing to explore issues of Canadian Broadcasting in New Media.
☆ The ‘*’ link found at the end of each block quote will redirect you to the online document from which the quote was taken.
