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Jamie Sarkonak: The CRTC is trying to tell local newsrooms what to report. It needs to stop
Jamie Sarkonak: The CRTC is trying to tell local newsrooms what to report. It needs to stop

National Post

time10-07-2025

  • Politics
  • National Post

Jamie Sarkonak: The CRTC is trying to tell local newsrooms what to report. It needs to stop

Article content The fund recipients that will now have to ask these questions include 15 Global News stations, three Jim Pattison Broadcast Group stations (in Medicine Hat, Kamloops and Prince George), Newfoundland's NTV, Hamilton's Channel Zero, Victoria's CHEK-TV, Lethbridge's Miracle Channel, Thunder Bay's CKPR-TV, along with several Quebec channels owned by RNC Media and Télé Inter-Rives. Article content The CRTC framed this as a simple measure of compliance with the law. The Broadcasting Act, prior to 2022, stated that the Canadian broadcasting system should reflect the 'multicultural and multiracial nature of Canadian society.' After 2022, this language was intensified with the passing of the controversial Online Streaming Act; now, the system should 'support community broadcasting that reflects both the diversity of the communities being served, including with respect to the languages in use within those communities and to their ethnocultural and Indigenous composition.' Article content There was a time when this merely meant that Canadian broadcasting should allow for multicultural programming; yes, Canada had language rules in broadcasting, as well as Canadian content requirements, but the CRTC wasn't concerned about ethnic scorekeeping. In 2013, the idea of even mandating regional content quotas was considered by the regulator to be an infringement of journalistic independence. Article content That all began to change under the Liberal government, however. The Liberals don't control the CRTC directly, of course, but they do decide who the commissioners are and what the broadcasting laws say. They can also step in if the CRTC takes its mission widely off course, as it's been doing for the past few years now. Article content In 2022, the CRTC imposed diversity quotas on parts of the CBC's programming budget to 'reflect contemporary Canada' — i.e., to achieve the regulator's preferred demographic balance. Article content Among other requirements, the CBC was required to spend 30 per cent of its budget line for English commissioned TV programs on diverse producers (the quota will rise to 35 per cent next year). A smaller quota was applied to the French side (which will reach 15 per cent next year). This was a direct, propagandistic intrusion by the regulator — and really, the Canadian government — into the editorial realm. Article content Article content In 2024, the CRTC began collecting a five per cent government cut from the revenues of international digital streamers operating in Canada — Spotify, Netflix, YouTube, etc. — which functionally became a diversity tax. The CRTC used the funds to advance its evergreen goal of equity, with payouts going to the intensely diversity-oriented Canada Media Fund, to media creators who checked diversity boxes, and to the Independent Local News Fund, which has now been absorbed into the CRTC's DEI machine. Article content The CRTC has seen a whole lot of mission bloat in this last decade, and we continue to pay for it. Literally. The staff headcount at the regulator's office rose from 450 in 2016 to 733 in 2025 — an increase of 63 per cent. And as it piles more regulatory requirements onto the companies it supervises, they have to hire more people in turn. We can assume any related bills are passed on to subscribers. Article content

Stars, creators await decision on CanCon rules after tech giants win DST battle
Stars, creators await decision on CanCon rules after tech giants win DST battle

Hamilton Spectator

time10-07-2025

  • Entertainment
  • Hamilton Spectator

Stars, creators await decision on CanCon rules after tech giants win DST battle

Tom Green says he wouldn't be where — or who — he is today without Canadian content rules. 'A big part of what makes us Canadian is watching Canadian television on TV when we were growing up. 'Mr. Dressup,' 'The Beachcombers,' 'Danger Bay' — all these shows that help shape your personality,' says the Ottawa-born comedian. 'It's important to see Canadian stories that reflect what our lives are actually like.' Green got his start in the '90s with rap group Organized Rhyme, which CanCon airplay rules helped get on the radio, and parlayed that into an absurdist comedy career that took him to MTV and beyond. He's among those warning that without strong protections, homegrown voices risk getting lost in the algorithm — a fear heightened now that Canada is pulling back on another digital policy meant to rein in Big Tech. Late last month, the federal government announced it will withdraw its planned Digital Services Tax, which would have forced global tech giants such as Amazon, Apple and Google to pay levies on digital revenues earned in Canada. The move, made under pressure from the United States, has sparked concern among Canada's cultural sector that foreign companies will continue to profit from Canadian consumers without giving enough back. For Reynolds Mastin, president of the Canadian Media Producers Association, the rollback only raises the stakes for the Online Streaming Act, which he sees as Canada's main tool to ensure streaming platforms help fund local stories. 'The government's decision to withdraw the Digital Services Tax sets a troubling precedent,' Mastin said in a statement. 'For too long, tech giants have avoided paying their fair share, not only in Canada but around the world. We can't allow this to open the door to further rollbacks, and potentially undo years of work to level the playing field in Canada's broadcasting sector through the Online Streaming Act.' The DST would have charged foreign tech companies a three per cent levy on their Canadian revenues, hitting both content providers like Netflix and Apple TV Plus and service platforms like Uber. The Online Streaming Act, meanwhile, focuses directly on culture: it requires foreign streaming services to help fund Canadian storytelling. Speaking in an interview last month, Green agreed that streaming giants like Netflix and Amazon 'absolutely should' be obligated to devote part of their revenues to Canadian stories. But some of the world's biggest entertainment companies see it differently. Several streamers — including Amazon, Netflix and Apple — are challenging the CRTC order that would require foreign platforms earning more than $25 million annually in Canada to contribute five per cent of their local revenue toward Canadian programming. The companies argue the regulator has overstepped its authority. The Federal Court of Appeal has issued a temporary stay on the payments while the case is being heard, with a decision expected later this summer — just ahead of the Aug. 31 deadline. 'We're a big country geographically, but with a small population — you need support to stand out in this hugely American market,' says Green, who earlier this year released a standup special, a documentary and a reality series about his farm life, on Prime Video. He's currently working on the upcoming Crave reality series 'Tom Green's Funny Farm.' 'So many of these massive American productions can be overwhelming to our culture. It's good to have systems in place that support Canadians.' As the CRTC works on a new definition of Canadian content, foreign streamers argue they shouldn't be held to the same requirements as traditional broadcasters. During a hearing in May, the Motion Picture Association-Canada — which represents major streamers including Netflix, Paramount, Disney and Amazon — urged the regulator to take a 'flexible' approach in redefining Canadian content. The group argued against mandating specific creative roles be filled by Canadians. In its opening remarks, the group said the CRTC shouldn't impose 'any mandatory positions, functions or elements of a 'Canadian program'' on global streaming services. Canadian content is currently determined by a 10-point system tied to key creative roles, with six points needed to qualify. For example, having a Canadian director or writer earns two points each, but at least one of those roles must be Canadian. Neal McDougall, the Writers Guild of Canada's assistant executive director, warns that 'Canadian cultural sovereignty is at stake' if streamers are given too much leeway to define Canadian content. 'Foreign streamers have an interest in a definition that suits them — they want it to look a lot like the foreign location service productions that the streamers are already doing here,' he says. He points to HBO's 'The Last Of Us' as an example — it's filmed largely in Alberta and employs Canadians, but is driven by an American creative team and set in the United States. 'The (streamers) want to continue to do what is fundamentally American programming and label it Canadian based on an overly flexible definition.' The CRTC is considering increasing the points system to 15, with productions needing at least 9 points and a Canadian showrunner — a change McDougall supports. 'It would go a long way to ensuring that creative control over Canadian content is retained by Canadians, because that showrunner position is so foundational to the creative control of the production.' But Jennifer Kawaja, executive producer of Netflix's upcoming Canadian thriller series 'Wayward,' worries that requiring projects to always have a Canadian showrunner could backfire. 'I'm a bit of a staunch nationalist when it comes to promoting Canadian stories by Canadians, but I also think that to build world-class shows we have to have some choice,' she says. Kawaja notes that while Canada has 'a number of amazing showrunners,' the pool of experienced talent isn't as deep as in the U.S. or the U.K., partly because of how the industry has developed here. 'It's not always easy to find experienced showrunners who are both available or, from their point of view or ours or the buyers', a right fit for the project. So it can sometimes leave a project quite stuck,' she says. Kawaja also argues mandating a Canadian showrunner in every case might limit opportunities for less experienced Canadian creators to grow alongside seasoned partners. She points to 'Wayward' — its Canadian creator, comedian Mae Martin, enlisted American Ryan Scott as co-showrunner to help steer the large-scale production, since Martin had limited showrunning experience. 'After going through that process, Mae now has the experience to do a bigger show. They chose the person that was best for them, and that person happened not to be Canadian. I would want every less experienced creator to have that opportunity.' Kawaja says the goal shouldn't be shutting out foreign talent, but requiring streaming giants to reinvest in local storytelling — something she, too, believes they owe to Canadians. 'I definitely think (streamers) should be contributing to creating, developing and producing Canadian content,' she says. 'I realize that how that happens is complicated for everybody, but they should be contributing to developing our cultural ecosystem if they're going to benefit from revenues in this country.' This report by The Canadian Press was first published July 10, 2025.

Stars, creators await decision on CanCon rules after tech giants win DST battle
Stars, creators await decision on CanCon rules after tech giants win DST battle

Winnipeg Free Press

time10-07-2025

  • Entertainment
  • Winnipeg Free Press

Stars, creators await decision on CanCon rules after tech giants win DST battle

Tom Green says he wouldn't be where — or who — he is today without Canadian content rules. 'A big part of what makes us Canadian is watching Canadian television on TV when we were growing up. 'Mr. Dressup,' 'The Beachcombers,' 'Danger Bay' — all these shows that help shape your personality,' says the Ottawa-born comedian. 'It's important to see Canadian stories that reflect what our lives are actually like.' Green got his start in the '90s with rap group Organized Rhyme, which CanCon airplay rules helped get on the radio, and parlayed that into an absurdist comedy career that took him to MTV and beyond. He's among those warning that without strong protections, homegrown voices risk getting lost in the algorithm — a fear heightened now that Canada is pulling back on another digital policy meant to rein in Big Tech. Late last month, the federal government announced it will withdraw its planned Digital Services Tax, which would have forced global tech giants such as Amazon, Apple and Google to pay levies on digital revenues earned in Canada. The move, made under pressure from the United States, has sparked concern among Canada's cultural sector that foreign companies will continue to profit from Canadian consumers without giving enough back. For Reynolds Mastin, president of the Canadian Media Producers Association, the rollback only raises the stakes for the Online Streaming Act, which he sees as Canada's main tool to ensure streaming platforms help fund local stories. 'The government's decision to withdraw the Digital Services Tax sets a troubling precedent,' Mastin said in a statement. 'For too long, tech giants have avoided paying their fair share, not only in Canada but around the world. We can't allow this to open the door to further rollbacks, and potentially undo years of work to level the playing field in Canada's broadcasting sector through the Online Streaming Act.' The DST would have charged foreign tech companies a three per cent levy on their Canadian revenues, hitting both content providers like Netflix and Apple TV Plus and service platforms like Uber. The Online Streaming Act, meanwhile, focuses directly on culture: it requires foreign streaming services to help fund Canadian storytelling. Speaking in an interview last month, Green agreed that streaming giants like Netflix and Amazon 'absolutely should' be obligated to devote part of their revenues to Canadian stories. But some of the world's biggest entertainment companies see it differently. Several streamers — including Amazon, Netflix and Apple — are challenging the CRTC order that would require foreign platforms earning more than $25 million annually in Canada to contribute five per cent of their local revenue toward Canadian programming. The companies argue the regulator has overstepped its authority. The Federal Court of Appeal has issued a temporary stay on the payments while the case is being heard, with a decision expected later this summer — just ahead of the Aug. 31 deadline. 'We're a big country geographically, but with a small population — you need support to stand out in this hugely American market,' says Green, who earlier this year released a standup special, a documentary and a reality series about his farm life, on Prime Video. He's currently working on the upcoming Crave reality series 'Tom Green's Funny Farm.' 'So many of these massive American productions can be overwhelming to our culture. It's good to have systems in place that support Canadians.' As the CRTC works on a new definition of Canadian content, foreign streamers argue they shouldn't be held to the same requirements as traditional broadcasters. During a hearing in May, the Motion Picture Association-Canada — which represents major streamers including Netflix, Paramount, Disney and Amazon — urged the regulator to take a 'flexible' approach in redefining Canadian content. The group argued against mandating specific creative roles be filled by Canadians. In its opening remarks, the group said the CRTC shouldn't impose 'any mandatory positions, functions or elements of a 'Canadian program'' on global streaming services. Canadian content is currently determined by a 10-point system tied to key creative roles, with six points needed to qualify. For example, having a Canadian director or writer earns two points each, but at least one of those roles must be Canadian. Neal McDougall, the Writers Guild of Canada's assistant executive director, warns that 'Canadian cultural sovereignty is at stake' if streamers are given too much leeway to define Canadian content. 'Foreign streamers have an interest in a definition that suits them — they want it to look a lot like the foreign location service productions that the streamers are already doing here,' he says. He points to HBO's 'The Last Of Us' as an example — it's filmed largely in Alberta and employs Canadians, but is driven by an American creative team and set in the United States. 'The (streamers) want to continue to do what is fundamentally American programming and label it Canadian based on an overly flexible definition.' The CRTC is considering increasing the points system to 15, with productions needing at least 9 points and a Canadian showrunner — a change McDougall supports. 'It would go a long way to ensuring that creative control over Canadian content is retained by Canadians, because that showrunner position is so foundational to the creative control of the production.' But Jennifer Kawaja, executive producer of Netflix's upcoming Canadian thriller series 'Wayward,' worries that requiring projects to always have a Canadian showrunner could backfire. 'I'm a bit of a staunch nationalist when it comes to promoting Canadian stories by Canadians, but I also think that to build world-class shows we have to have some choice,' she says. Kawaja notes that while Canada has 'a number of amazing showrunners,' the pool of experienced talent isn't as deep as in the U.S. or the U.K., partly because of how the industry has developed here. 'It's not always easy to find experienced showrunners who are both available or, from their point of view or ours or the buyers', a right fit for the project. So it can sometimes leave a project quite stuck,' she says. Kawaja also argues mandating a Canadian showrunner in every case might limit opportunities for less experienced Canadian creators to grow alongside seasoned partners. She points to 'Wayward' — its Canadian creator, comedian Mae Martin, enlisted American Ryan Scott as co-showrunner to help steer the large-scale production, since Martin had limited showrunning experience. Weekly A weekly look at what's happening in Winnipeg's arts and entertainment scene. 'After going through that process, Mae now has the experience to do a bigger show. They chose the person that was best for them, and that person happened not to be Canadian. I would want every less experienced creator to have that opportunity.' Kawaja says the goal shouldn't be shutting out foreign talent, but requiring streaming giants to reinvest in local storytelling — something she, too, believes they owe to Canadians. 'I definitely think (streamers) should be contributing to creating, developing and producing Canadian content,' she says. 'I realize that how that happens is complicated for everybody, but they should be contributing to developing our cultural ecosystem if they're going to benefit from revenues in this country.' This report by The Canadian Press was first published July 10, 2025.

How do we define Canadian content? Debates will shape how creatives make a living
How do we define Canadian content? Debates will shape how creatives make a living

Canada Standard

time03-07-2025

  • Entertainment
  • Canada Standard

How do we define Canadian content? Debates will shape how creatives make a living

What should count as Canadian content (CanCon) in the era of streaming and generative AI (GenAI)? That's the biggest unknown at the heart of the Canadian Radio-television and Telecommunications Commission's recent (CRTC) public hearing, held in Gatineau, Que., from May 14 to 27. The debate is about how Canada's current points-based CanCon system remains effective in the context of global streaming giants and generative AI. Shows qualify as CanCon by assigning value to roles like director, screenwriter and lead actors being Canadian. The outcome will shape who gets to tell Canadian stories and what those stories are, and also which ones count as Canadian under the law. This, in turn, will determine who in the film and television industries can access funding, tax credits and visibility on streaming services. It will also determine which Canadian productions big streamers like Netflix will invest in under their Online Streaming Act obligations. The federal government's recent announcement that it's rescinding the Digital Services Tax reveals the limits of Canada's leverage over Big Tech, underscoring the significance of CanCon rules as parameters around how streaming giants contribute meaningfully to the country's creative industries. The CRTC's existing approach to defining CanCon relies on the citizenship of key creative personnel. The National Film Board argued that this misses the "cultural elements" of Canadian storytelling. These include cultural expression, narrative themes and connection to Canadian audiences. That is, a production might technically count as CanCon by hiring Canadians, without feeling particularly "Canadian." It's worth noting there are varied global regulatory frameworks for defining film nationality. The Writers Guild of Canada supports the CRTC's view that cultural elements shouldn't be part of CanCon certification, and argues that attempting to further codify cultural criteria risks reducing Canadian identity to superficial symbols like maple leaves or hockey sticks, and could exclude entire genres like sci-fi or fantasy. The Writers Guild of Canada argues that while Canadians should expect to see cultural elements in programming, the concept of "Canadianness" is too broad and subjective to be effectively regulated. Cultural elements are regulated by the 1991 Broadcasting Act as amended by the 2023 Online Streaming Act. Broadcasters and streamers must reflect Canadian stories, identities and cultural expressions. Read more: How the Online Streaming Act will support Canadian content The acts empower broadcasters and streamers to decide which Canadian stories and content will be developed, produced and distributed through commissioning and licensing powers. This implicitly limits the CRTC's role to setting rules about which creatives are at the table. The Writer's Guild advocates broadening the pool of Canadian key creatives to modernize the CanCon system. It trusts the combined perspectives of a broader pool to make creative decisions about Canadian identity in meaningful ways. Accordingly, it supports the CRTC's intent to add the showrunner role to the point system since showrunners are the "the chief custodian of the creative vision of a series." Streaming introduces more players with financial stakes, complicating who controls content and who profits from it. A seismic shift is happening in how intellectual property (IP) is handled. CRTC has proposed that the updated CanCon definition include Canadian IP ownership as a mandatory element to enable Canadian companies and workers to retain some control over their own IP, and thereby earn sustainable income. For example, in a streaming drama, Canadian screenwriters who retain ownership of the IP could earn ongoing revenue through licensing deals, international sales and royalties each time the series is distributed. However, the Motion Picture Association-Canada (MPA-Canada), representing industry titans like Netflix, Amazon and Disney, is pushing back against requirements that mandate the sharing of territory or IP. Without IP rights, Canadian talent and the industry as a whole may be reduced to becoming service providers for global companies. Our own research highlights how this type of contractual arrangement increases the power asymmetries between producers, distributors and streaming services. We emphasize the critical importance of fair remuneration and IP rights for creators. Intervenors shared a range of preferences from 100 per cent Canadian IP ownership to none at all. One hundred per cent Canadian IP ownership means Canadian creators like a producer of a streaming series would control the rights to the content. They would receive the majority of profits from licensing, distribution and future adaptations. Even 51 per cent ownership could give them a controlling stake, but would likely require sharing revenue and decision-making with the streaming service. And then, of course, there's the question of how generative AI should be considered within the updated CanCon definition. The Writers Guild of Canada has drawn a firm line in the sand: AI-generated material should not qualify as Canadian content. The guild argues that since current AI tools don't possess identity, nationality or cultural context, their output cannot advance the goals of the Broadcasting Act, centred on promoting Canadian voices and stories. The Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) raised a different concern around AI. AI, ACTRA argued, "should not take over the jobs of the creators in the ecosystem that we're in and we should not treat AI-generated performers as if they are a Canadian actor." Depending on how the CRTC addresses AI, this could mean that streaming content featuring AI-generated scripts, characters, or performances - even if developed by a Canadian creator or set in Canada - would not qualify as CanCon. The WGC notes that it has already negotiated restrictions on AI use in screenwriting through its agreement with the Canadian Media Producers Association. These guardrails are being held up as the "emerging industry standard." Another contested point is how streamers should pay into CanCon: through direct investment or through more traditional modes of financing. Under the Online Streaming Act, streamers are required to pay five per cent of their annual revenues to certain Canadian funds. This model echoes previous requirements used to manage decision-making at media broadcasters, some at the much more substantial level of 30 per cent. But no payments have been made yet, and streamers are appealing this requirement. Streamers prefer investing directly into Canadian content, taking a risk on its commercial potential to benefit from resulting successes. Research in the European Union and Canada highlight how different stakeholders benefit from different forms of financial obligations, suggesting the industry may be best served by a policy mix. As Canada rewrites its broadcasting rules, defining Canadian content is a courtroom drama unfolding in real time - and the verdict will have serious ramifications.

How do we define Canadian content? Debates will shape how creatives make a living
How do we define Canadian content? Debates will shape how creatives make a living

Canada News.Net

time02-07-2025

  • Entertainment
  • Canada News.Net

How do we define Canadian content? Debates will shape how creatives make a living

What should count as Canadian content (CanCon) in the era of streaming and generative AI (GenAI)? That's the biggest unknown at the heart of the Canadian Radio-television and Telecommunications Commission's recent (CRTC) public hearing, held in Gatineau, Que., from May 14 to 27. The debate is about how Canada's current points-based CanCon system remains effective in the context of global streaming giants and generative AI. Shows qualify as CanCon by assigning value to roles like director, screenwriter and lead actors being Canadian. The outcome will shape who gets to tell Canadian stories and what those stories are, and also which ones count as Canadian under the law. This, in turn, will determine who in the film and television industries can access funding, tax credits and visibility on streaming services. It will also determine which Canadian productions big streamers like Netflix will invest in under their Online Streaming Act obligations. The federal government's recent announcement that it's rescinding the Digital Services Tax reveals the limits of Canada's leverage over Big Tech, underscoring the significance of CanCon rules as parameters around how streaming giants contribute meaningfully to the country's creative industries. The CRTC's existing approach to defining CanCon relies on the citizenship of key creative personnel. The National Film Board argued that this misses the " cultural elements" of Canadian storytelling. These include cultural expression, narrative themes and connection to Canadian audiences. That is, a production might technically count as CanCon by hiring Canadians, without feeling particularly "Canadian." It's worth noting there are varied global regulatory frameworks for defining film nationality. The Writers Guild of Canada supports the CRTC's view that cultural elements shouldn't be part of CanCon certification, and argues that attempting to further codify cultural criteria risks reducing Canadian identity to superficial symbols like maple leaves or hockey sticks, and could exclude entire genres like sci-fi or fantasy. The Writers Guild of Canada argues that while Canadians should expect to see cultural elements in programming, the concept of "Canadianness" is too broad and subjective to be effectively regulated. Cultural elements are regulated by the 1991 Broadcasting Act as amended by the 2023 Online Streaming Act. Broadcasters and streamers must reflect Canadian stories, identities and cultural expressions. The acts empower broadcasters and streamers to decide which Canadian stories and content will be developed, produced and distributed through commissioning and licensing powers. This implicitly limits the CRTC's role to setting rules about which creatives are at the table. The Writer's Guild advocates broadening the pool of Canadian key creatives to modernize the CanCon system. It trusts the combined perspectives of a broader pool to make creative decisions about Canadian identity in meaningful ways. Accordingly, it supports the CRTC's intent to add the showrunner role to the point system since showrunners are the "the chief custodian of the creative vision of a series." Streaming introduces more players with financial stakes, complicating who controls content and who profits from it. A seismic shift is happening in how intellectual property (IP) is handled. CRTC has proposed that the updated CanCon definition include Canadian IP ownership as a mandatory element to enable Canadian companies and workers to retain some control over their own IP, and thereby earn sustainable income. For example, in a streaming drama, Canadian screenwriters who retain ownership of the IP could earn ongoing revenue through licensing deals, international sales and royalties each time the series is distributed. However, the Motion Picture Association-Canada (MPA-Canada), representing industry titans like Netflix, Amazon and Disney, is pushing back against requirements that mandate the sharing of territory or IP. Without IP rights, Canadian talent and the industry as a whole may be reduced to becoming service providers for global companies. Our own research highlights how this type of contractual arrangement increases the power asymmetries between producers, distributors and streaming services. We emphasize the critical importance of fair remuneration and IP rights for creators. Intervenors shared a range of preferences from 100 per cent Canadian IP ownership to none at all. One hundred per cent Canadian IP ownership means Canadian creators like a producer of a streaming series would control the rights to the content. They would receive the majority of profits from licensing, distribution and future adaptations. Even 51 per cent ownership could give them a controlling stake, but would likely require sharing revenue and decision-making with the streaming service. And then, of course, there's the question of how generative AI should be considered within the updated CanCon definition. The Writers Guild of Canada has drawn a firm line in the sand: AI-generated material should not qualify as Canadian content. The guild argues that since current AI tools don't possess identity, nationality or cultural context, their output cannot advance the goals of the Broadcasting Act, centred on promoting Canadian voices and stories. The Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) raised a different concern around AI. AI, ACTRA argued, "should not take over the jobs of the creators in the ecosystem that we're in and we should not treat AI-generated performers as if they are a Canadian actor." Depending on how the CRTC addresses AI, this could mean that streaming content featuring AI-generated scripts, characters, or performances - even if developed by a Canadian creator or set in Canada - would not qualify as CanCon. The WGC notes that it has already negotiated restrictions on AI use in screenwriting through its agreement with the Canadian Media Producers Association. These guardrails are being held up as the "emerging industry standard." Another contested point is how streamers should pay into CanCon: through direct investment or through more traditional modes of financing. Under the Online Streaming Act, streamers are required to pay five per cent of their annual revenues to certain Canadian funds. This model echoes previous requirements used to manage decision-making at media broadcasters, some at the much more substantial level of 30 per cent. But no payments have been made yet, and streamers are appealing this requirement. Streamers prefer investing directly into Canadian content, taking a risk on its commercial potential to benefit from resulting successes. Research in the European Union and Canada highlight how different stakeholders benefit from different forms of financial obligations, suggesting the industry may be best served by a policy mix. As Canada rewrites its broadcasting rules, defining Canadian content is a courtroom drama unfolding in real time - and the verdict will have serious ramifications.

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