In 1999, the CRTC – the body that regulates broadcasting and telecommunications in Canada – issued a “New Media Exemption Order,” allowing it to refrain from exercising its jurisdiction over new media in Canada (i.e. the Internet and related technologies). At that time, the CRTC noted that Internet content was still at a relatively nascent stage of development, consisting primarily of “alphanumeric content.” As such, for almost a decade, the Commission has allowed “market forces” to attain the statutory objectives set out in the Broadcasting Act.

But the world has changed considerably over that period. Now there is a plethora of content – both Canadian and international – available to every Canadian who accesses the Internet. This includes traditional content that is “pushed” to Canadians from content providers, as well as content that can be “pulled” from various websites. This is why it is now necessary that the CRTC finally asserts its jurisdiction over new media, as it is mandated to do. The Broadcasting Act clearly provides both content and access objectives that the CRTC must achieve through incentives and measures it has previously applied – with great success – to traditional media.

But what of content on the Internet? Why should there be a need for regulation in a digital world that provides unlimited shelf space for all content, including Canadian? The fact is, however, that there are still gatekeepers, tastemakers, portals and search engines that can influence new-media audiences and their choices.

So it’s not enough just to have shelf space. What is also needed is for Canadian content to be front-racked (to use an old music-industry expression) and for Internet portals, ISPs and search engines to ensure Canadians still have a choice – a way to easily find and choose Canadian content that is plentiful and accessible.

This is why SOCAN and many other arts/cultural groups and trade associations have urged the CRTC to reconsider its exemption order and create regulatory measures for new media that will continue to provide Canadians with access to Canadian content. We eagerly await the outcome of the Commission’s recent hearing on the matter.

Uploaded Spring 2009

Comments? Questions? Suggestions? Send them to Rick MacMillan, Words & Music Corporate Editor, at wordsandmusic@socan.ca.