On October 3rd, 2023, there was a very special episode of The Backbench Live recorded at the Rio Theatre in Vancouver during the Vancouver International Film Festival (VIFF). Mattea Roach spoke with four prominent experts in regard to Bill C-11, The Streaming Act as well as the Writers Guild of America (WGA) and the Screen Actors Guild (SAG) strikes and how that affects the industry in Canada.
C-11 “The Online Streaming Act”
Online streaming Bill C-11: Everything you need to know
Bill C-11 is aimed at ensuring media platforms and streaming services such as Netflix, Crave, Spotify, Amazon Prime Video, Disney+ and YouTube are subject to Canadian content requirements and regulations comparable to traditional broadcasters.
Fear is that the everyday users might have to comply as well, not just the big corporations.
Conservatives say it could lead to censorship.
The Canadian Broadcast Act was last updated in 1991. Media is much different now.
OpenMedia campaigns director Matt Hatfield said in a statement. “Even a good policy direction from Minister Rodriguez that puts on a few guardrails will not fix that; it just pushes the risk down the road.”
Now we will see how the CRTC decides how to enforce it.
WGA
Done Deal: Here Is What’s in the New WGA Contract and What It Means
A new agreement between the WGA and the Alliance of Motion Picture and Television Producers (AMPTP) has protection for hiring more writers in relation to episodes.
There are some rules surrounding the use of AI. It can’t write or rewrite a script. AI material will not be considered source material.
Establishing viewership-based streaming bonuses (Netflix, Disney Apple).
One compromise the writers had to accept is lower salary minimum raises.
SAG
SAG-AFTRA Approves Deal to End Historic Strike
The 118-day strike came to an end on November 8, 2023, by a unanimous vote from the union.
Important takeaways -Streaming participation bonus.
Compensation that will protect members from AI. The AMPTP wanted to use AI to continue using the image of a performer without compensation. This was the big sticking point that brought the negotiations to a head in the first week of November.
The Backbench live show was released on October 16th. You can listen to this podcast online or through a podcast app. https://www.canadaland.com/podcast/75-would-you-listen-to-a-government-regulated-podcast/
The Podcast has more details and conversation. Below is what we felt was the most relevant in terms of the future of Canadian Content.
The Panel was asked what Bill C-11 is saying.
Matt Hatfield: Campaign Director for OpenMedia
After 15 years, the internet is where people get media content. Going from no regulation to maybe a huge amount of regulation. How far are they going to go? There are different opinions.
When regulations were created many years ago for traditional media, the correct fear, if we didn’t have rules, our airways would just be flooded with American content. It’s cheap to redistribute.
Trying to apply that to the internet is alarming to civil libertarians like Matt.
Haydn Wazelle: Chair of Black Screen Office; Producer
It’s also to create an avenue to support Canadian Content (Can-Con). The United States is 10 times as large. They have a very powerful media and their culture permeates globally. It’s critical to empower Canadian storytellers to tell our stories by Canadians.
Dennis Heaton: Screenwriter/Showrunner
In terms of content there are Programs of National Interest (PNI). For profit Broadcasters have approached the CRTC with the notion toward PNI as “What if we don’t?” Bill C-11 is supposed to bring US streaming services, Netflix, Disney +, Amazon Prime, Apple TV +, on board to financially support Can-Con through PNI. They have been scraping millions out of the country and don’t put anything back into our creative voice.
Matt pointed out that the government said we won’t come after small players but didn’t put that polity direction into law. A different government can change that. The CRTC is pushing for diverse content, English and French, representing different Canadian view points and cultures with Podcasts.
Karen Lam: Lawyer/Producer/Director
Why is that a problem?
Matt replied by saying anyone can put their voice out on the internet. The CRTC can eventually apply rules to user generated content and that could be seen as censorship. The bill is too broad.
Haydn chimed in; They left it open because we can’t predict the future. The hope is they will catch those posting traditional media.
Karen concluded with; It’s not like we don’t have a monopoly problem in Canada.
Mattea then asked the panel how legislation will help or hinder Canadian production?
Karen: Is there going to be funding? That should go into a pool. We would love that money
Dennis: Canadian creators have not benefited from streaming production. They spend a lot of money in Canada but it’s as a service.
Karen: That’s because they treat us as a factory. We have been trying to have more ownership.
Haydn: The argument that the streamers have is that they have put way more than 500 million into the industry in Canada.
Dennis: Right now it’s a closed loop as government funds go to the Canada Media Fund (CMF) and then to the creators that have a relationship with the CMF. The only right answer to “who gets to tell Canadian stories” is as many people as humanly possible.
Karen: We used to have so many more screens and now we are down to just a couple. It makes it so difficult for independent films. Down with monopolies!
The next topic was the WGA and SAG strikes.
Mattea: The WGA strike started May 2nd, SAG started in late June. These are US strikes. Writers and performers in Canada do not have an official work stoppage but there is a huge impact here.
Karen: We sold ourselves out long ago. We got so much pressure from the studio to open up our resources, that we gave them tax shelters, tax credits, and sold out our backend. Our industry is artificially propped up by American money so when their strike happens, we lose out.
Dennis: The industry is depressively dependent on US production. The Writers Guild of Canada (WGA) is the only guild that only works if it’s a Canadian show. Talent and Crew work on service gigs. This was a lost opportunity for Canadian filmmakers to be making movies and Canadian TV producers to make TV shows. It just ground to a halt.
The Film and television industry has drastically changed since 1991, which was the previous update of the Canadian Broadcast Act. The Internet has remained unregulated. Not only have people switched their viewing preferences from broadcast television and cable to streaming services, but younger consumers get most of the media exposure from YouTube and TikTok. Something was desperately needed to just give Canadian Content a platform. We don’t know if Bill C-11 will ultimately help create more authentic Canadian programs or be a form of censorship where some companies will just opt out of our market. Since the future is so unclear, it’s understandable why the bill is so vague. Will future governments lean more towards censorship? That seems unlikely as it would not be beneficial to their mandate. Right now, we should all cross our fingers and hope for more engaging and entertaining Can-Con.
The WAG and SAG strikes brought film and television work in Canada and specifically BC to just about a full halt. Technically there was no need for everything to stop since we have the talent and crew to make our own productions, we just don’t have the investment and belief in ourselves. It’s good that it’s over and the unions have forced the AMPTP to not take full advantage of talent in terms of AI and streaming revenue. The Union of British Columbia Performers (UBCP) as well as the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) need to study these agreements to make sure we have the same safeguards and provisions in Canada. The other lesson, and perhaps a greater one, is the consequence of putting all your eggs in this one basket. We need to support quality movies and television programs that are made by Canadians who are passionate to tell their own stories.