Earlier this week, CRTC Chair JP Blais took to Twitter to have a chat about the second phase of the Commission’s Talk TV consultation.
The chat took place during the Olympic quarter-final men’s hockey game between Canada and Latvia, and the timing itself was the subject of one of the questions.
The tone seemed chippy at times; when the Chairman was asked if the CRTC had the jurisdiction to regulate Netflix, the response wasn’t a simple “yes” or “no”. Instead, the answer was “I don’t want to debate jurisdiction online. See section 4(2) of the Broadcasting Act.”
Let’s look at Section 4(2) of the Broadcast Act.
(2) This Act applies in respect of broadcasting undertakings carried on in whole or in part within Canada or on board
(a) any ship, vessel or aircraft that is
- (i) registered or licensed under an Act of Parliament, or
- (ii) owned by, or under the direction or control of, Her Majesty in right of Canada or a province;
(b) any spacecraft that is under the direction or control of
- (i) Her Majesty in right of Canada or a province,
- (ii) a citizen or resident of Canada, or
- (iii) a corporation incorporated or resident in Canada; or
(c) any platform, rig, structure or formation that is affixed or attached to land situated in the continental shelf of Canada.
Clear on that?
I’m not sure how many Canadians would be able to readily find the Broadcast Act, let alone understand what spacecraft, ships, vessels or aircraft have to do with a computer app. And that was just the second question asked by a member of the general public.
The question didn’t seem to be baiting the Chair for a debate. It would seem reasonable for a “conversation with Canadians” to be able to get a straight answer to a pretty basic question: In the view of the Chairman of the CRTC, does the Commission have the jurisdiction to regulate Netflix?
I thought it might be helpful to capture the Twitter conversation to make it easily accessible for review.
The following is the English language Twitter chat that took place on February 19, 2014 at 1:00pm [eastern].
Q1 @KIVUNature
Does CRTC see the Internet as a valid programming venue for TV shows? #talktv
— CRTCeng (@CRTCeng) February 19, 2014
A1 Yes, we view it as a complementary platform. And the CMF supports the production of programming for this platform. #TalkTV
— CRTCeng (@CRTCeng) February 19, 2014
Q2 @guspaz @CRTCeng Since Netflix has no physical presence in Canada, does the CRTC have the jurisdiction to regulate it? #TalkTV
— CRTCeng (@CRTCeng) February 19, 2014
A2 I don't want to debate jurisdiction online. See section 4(2) of the Broadcasting Act. #TalkTV #CRTC
— CRTCeng (@CRTCeng) February 19, 2014
Q3 @5thEstate @CRTCeng Hello Mr Blais. What do you hope to achieve with #TalkTV Do you still see flexible programming as necessary?
— CRTCeng (@CRTCeng) February 19, 2014
A3 Ideally, an adaptive framework that addresses new technologies, consumer needs and outcomes of the Broadcasting Act . #TalkTV
— CRTCeng (@CRTCeng) February 19, 2014
Q4. @jfmezei @CRTCeng A # have criticised how your asked the questions in the on-line survey. Do you realise how slanted some questions are?
— CRTCeng (@CRTCeng) February 19, 2014
A4 They were intended to be provocative. #TalkTV #CRTC
— CRTCeng (@CRTCeng) February 19, 2014
Q5 @Milnoc @CRTCeng Will there be a public hearing with intervenors in the #talktv process?
— CRTCeng (@CRTCeng) February 19, 2014
A5 There will be a public hearing in September. Stay tuned for details! #TalkTV #CRTC
— CRTCeng (@CRTCeng) February 19, 2014
Q6 @KIVUNature54s
Who does the CRTC consider to be its customers? The viewers, the broadcasters, the producers, or the government?
— CRTCeng (@CRTCeng) February 19, 2014
A6 Canadians, of course! #TalkTV #CRTC
— CRTCeng (@CRTCeng) February 19, 2014
Q7 @guspaz2m
@CRTCeng To switch IPTV providers, CRTC requires you switch ISPs too. Any chance this might change?
— CRTCeng (@CRTCeng) February 19, 2014
A7 Sounds like it may be your provider. Hard to say without more info. Please call 1-877-249-2782 to speak to a CRTC rep.
— CRTCeng (@CRTCeng) February 19, 2014
Q8 @KIVUNature
Of course Canadians. To focus – which is top priority in setting regs? RT @CRTCeng: A6 Canadians, of course! #TalkTV
— CRTCeng (@CRTCeng) February 19, 2014
A8 I don't rank Canadians in order of priority. In my view, they are creators, citizens and consumers. #TalkTV #CRTC
— CRTCeng (@CRTCeng) February 19, 2014
Q9 @janice_dawe1m
@CRTCeng Why view web as "complimentary" platform when it is emerging as "the" platform for content?
— CRTCeng (@CRTCeng) February 19, 2014
A9 Internet TV is growing, but Cdns continue to watch 28 hrs/week of trad TV. See Deloitte's TMT Predictions on cord-stacking #TalkTV
— CRTCeng (@CRTCeng) February 19, 2014
Q10 @Milnoc @CRTCeng Who's idea was it to schedule this #talktv chat at the same time as the #Sochi2014 Canada-Latvia hockey game? 🙂
— CRTCeng (@CRTCeng) February 19, 2014
A10 It's a multi-screen world. 🙂 #TalkTV #CRTC
— CRTCeng (@CRTCeng) February 19, 2014
Q11 @KIVUNature I am also concerned at the rapidly diminishing frequency of documentary programming. Is this within CRTC's purview? #TalkTV
— CRTCeng (@CRTCeng) February 19, 2014
A11 Research shows that Cdns value documentaries. Make your views known. Fill out the Choicebook http://t.co/CUiAOYH0cH #TalkTV
— CRTCeng (@CRTCeng) February 19, 2014
Q12 @deaftravel11m
@CRTCeng do you see captioning becoming mandated for online programming if it is already CC on TV/cable? @CBCOlympics
— CRTCeng (@CRTCeng) February 19, 2014
A12 Still early in the process. Cdns raised this issue in Phase 1 of #TalkTV. See theme 7 in the Choicebook http://t.co/CUiAOYH0cH
— CRTCeng (@CRTCeng) February 19, 2014
Q13 @janice_dawe3m
@CRTCeng Does this mean CRTC will regulate CanCom on all screens?
— CRTCeng (@CRTCeng) February 19, 2014
A13 It's important for Canadian content to be on all screens. BTW, please use the #TalkTV hashtag. #CRTC
— CRTCeng (@CRTCeng) February 19, 2014
Q14 @tweetivid #talktv I love my TV just the way it is: stream CBC For the Olympics, stream Netflix for the rest. Open up int'l content!
— CRTCeng (@CRTCeng) February 19, 2014
A14 Please make your views known by filling out the Choicebook! http://t.co/CUiAOYH0cH #TalkTV #CRTC
— CRTCeng (@CRTCeng) February 19, 2014
Q15 @writersdotca57s
Does the CRTC have stats that can inform a measurement of the economic value of the copyright industries in Canada?
— CRTCeng (@CRTCeng) February 19, 2014
A15 There are studies to this effect. Does your association have any? #TalkTV #CRTC
— CRTCeng (@CRTCeng) February 19, 2014
Great questions everyone! Thanks for participating in our #TalkTV chat. Let's do this again soon. Jean-Pierre Blais
— CRTCeng (@CRTCeng) February 19, 2014