Disappointment expressed by multiple groups that the order does not mention Tandem
OTTAWA – Cabinet has referred the CBC’s licence renewal decision back to the CRTC.
The CRTC issued the decision renewing the licences for the Corporation’s English- and French-language audiovisual and audio services this past June. Following this, the Governor in Council received 16 petitions asking for the decision to be set aside or referred back to the Commission.
The petitioners raised concerns about the CRTC giving the CBC flexibility to transfer its programming requirements to online platforms, about the CBC’s commercial activities including Tandem, its branded content initiative, about the obligations imposed on the CBC for local news, about the impact the decision would have on independent producers and about the precedent the decision more generally would set for the broadcasting ecosystem in Canada.
After considering the petitions, the Governor in Council was satisfied the CRTC’s decision “derogates from the attainment of the objectives of the broadcasting policy for Canada,” an Order in Council explains.
While recognizing “regulation needs to be adaptable in order to respond to the realities of the evolving broadcasting landscape,” the Governor in Council asks the Commission to “consider how to ensure that, as the national public broadcaster, the Canadian Broadcasting Corporation continue to make a significant contribution to the creation, presentation, and dissemination of local news, children’s programming, original French-language programming, and programming produced by independent producers.”
“We share the government’s view that regulation needs to be adaptable in order to respond to the realities of the evolving broadcasting landscape,” a CBC spokesperson told Cartt.ca via email.
“As we said during our licence renewal, that evolution does not change our commitment to offering quality Canadian programming, including local news, children’s programming in both official languages, original French-language programming and our significant partnerships with Canadian independent producers.”
The spokesperson indicated the public broadcaster will participate in the Commission’s process reconsidering the decision.
Those who submitted petitions to the Governor in Council, including Public Interest Advocacy Centre (PIAC), FRIENDS, Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) and the Canadian Media Producers Association (CMPA) are happy with the outcome.
“PIAC is very pleased that Cabinet overturned the flawed CRTC decision on CBC/Radio Canada’s licences and we look forward to arguing at the re-hearing for adequate Canadian content to be produced and available to all Canadians no matter what platform they use to affordably access our national public broadcaster,” said PIAC’s executive director and general counsel, John Lawford, in a statement emailed to Cartt.ca.
FRIENDS meanwhile is happy the decision shows Canadians were heard. “Thousands of Canadians raised their voices in defence of Canadian storytelling and the federal government heard us,” Marla Boltman, executive director of the organization said in her own statement emailed to Cartt.ca.
“In our appeal, we had raised concerns that the new licence conditions failed to impose baseline expenditure requirements on the CBC for the provision of local news and diverse entertainment content on all of CBC’s platforms. With the decision being sent back, the government has sent a clear message to the CRTC that the CBC plays a unique and essential role in Canadian storytelling and its licence conditions should continue to reflect that.”
Boltman did note they were disappointed the elimination of Tandem was not included in the decision but said they “will continue to advocate for more CBC funding and a modernization of its mandate so that Canadians can have the national public broadcaster they deserve for today and tomorrow.”
ACTRA issued a press release in which its national president Eleanor Noble thanks the government “for standing up for Canadian performers, writers, directors, composers, producers and other creators…”
“The decision in its current form undermines both the mandate of the CBC and the Canadian broadcasting policy as set out in the Broadcasting Act,” she said, adding “Every step must continue to be taken to ensure long-standing policy principles and protections are in place to secure high levels of Canadian programing.”
In another press release, CMPA president and CEO Reynolds Mastin applauded the decision. “Indie producers are small and medium-sized business owners, based in cities and towns across Canada, who develop content that reflects the different perspectives and experiences of Canadians; today’s decision will ensure these diverse stories continue to reach audiences from coast to coast to coast,” he said.
“It’s also important to note that the appeal process we see playing out today reinforces the invaluable role of the CRTC as a foundational regulatory institution in the Canadian broadcasting system,” he added.
“As we continue to urge lawmakers to pass Bill C-11, this decision is a reminder that effective legislation, clear regulations, and an appeal process that ensures alignment between the two, will help Canada’s content sector continue to thrive in an increasingly global industry.”
Cartt.ca reached out to the CRTC for comment as well but we have not heard back yet.
Update, Sept. 23: A CRTC spokesperson told Cartt.ca via email the Commission has acknowledged the decision and further information will be provided “at a later date.”
The Canadian Association of Broadcasters (CAB) also released a statement today indicating they are “disappointed” with how the Governor in Council chose to refer the decision on the CBC’s licence renewal back to the CRTC.
That disappointment stems from the Order in Council neglecting to address issues important to Canada’s private broadcasters – “especially where the licence decision continues to allow the CBC/SRC to continue to solicit advertising and engage in commercial activities that are inconsistent with its mandate.” The CAB mentions Tandem specifically.
“The CAB believes that allowing the CBC/SRC to continue solicit advertising across its services will only encourage the public broadcaster continue to deviate from its public service mandate,” said CAB president Kevin Desjardins, in the statement. “This will unnecessarily distort the advertising market in Canada, as the CBC/SRC uses the $1.3 billion it receives annually from taxpayer funds to engage in market-driven competition with private broadcasters and other media companies.”
The statement indicates the CAB is hopeful the government will move quickly to update the public broadcaster’s mandate as well as to “take steps to ensure that it is less reliant on private advertising.”
