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The amount is now known - if you're a Netflix, a Disney+, Spotify or an Amazon Prime, among others, you're going to be forced to pour 5% of all your revenues from Canadians into the country's broadcast system. The new rules begin in the 2024-2025 season (beginning Sept. 1st) and it's expected to raise at least $200 million per year for Canadian broadcasters.
So where will at that money go? From the CRTC:
"The funding will be directed to areas of immediate need in the Canadian broadcasting system, such as local news on radio and television, French-language content, Indigenous content, and content created by and for equity-deserving communities, official language minority communities, and Canadians of diverse backgrounds."
The rules apply only to streamers that make more than $25 million from Canada.
Now the questions begin: how will the big U.S. streamers react, although they had to know this was coming. And will any of them decide it's simply too expensive to do business in Canada? Stay tuned. If you still can.
CRTC Ruling
Canada says online streaming services must hand over 5% of their domestic revenues
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The CRTC has provided the breakdown of where that bounty will go.
For online video services:
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Most of the non-Canadian streamers will pull out of Canada, and we'll be stuck with not many more options than whatever Bell, Rogers and Corus choose to offer.
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Well, I hope they don't pull a Meta and just write Canada off. I just heard an analyst on AM640 talking about this move and he worries there's no proof there's an audience for the kind of programming this money will go to.
Also, I thought about the possibility of the U.S. guys raising their prices, but that won't help - if they make more, that will just add to the 5% of their revenues they have to contribute. So if they're not willing to pay the extra levy, then the only answer is to decide to pull their service out of Canada altogether.
Callers to the show were saying this is a huge mistake and they're worried about being cut off from their favourite service. And the host opined that they could use our lack of access as a warning to other countries considering similar legislation by leaving Canada out in the cold.
Or maybe nothing will happen.
The uncertainty, though, is troubling.
This could all blow over and just be accepted as the cost of doing business - or it could begin a sea-change many here might not like.
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Meta didn't just write Canada off, they modified their product to comply with the law, and it actually ended up benefiting them to the point where they're making similar changes in other countries where they don't even have to.
Usually, the CRTC doesn't come up with these thresholds and percentages out of thin air. There would have been some analysis done, maybe even with the cooperation of the streamers, as to where the 'sweet spot' is between their goals the the streamers' breaking point.
Having said that, this just comes across to me as punitive. Why on earth should Spotify be paying for the production of local news?
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RadioAaron wrote:
Having said that, this just comes across to me as punitive. Why on earth should Spotify be paying for the production of local news?
Well, technically Spotify is paying into a different fund, one that goes to support Canadian music, but despite that, I couldn't agree more. In what universe is a foreign private company competing for audience eyeballs forced to help finance programming for their local competitors?
Imagine if Coke had to give money to Pepsi, because the latter soft drink was in trouble and was struggling to stay in business in Canada. And yes, I know that comparison isn't exact, but it's the principle of the thing. I know many will disagree with me but I think it's ridiculous.
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In the EU 17 countries have imposed financial obligations on foreign streamers either in the form of paying into national TV and film funds and/or investing in production.
I do agree it is off base that the government said much or most of the money would be invested in local news.
However having the streamers invest in Canadian media or be part of domestic production is not ridiculous at all. And as was mentioned earlier, the 5% committment could very well have been agreed upon between the government and streamers. But I am sure some will voice their opposition, as should be expected.
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paterson1 wrote:
In the EU 17 countries have imposed financial obligations on foreign streamers either in the form of paying into national TV and film funds and/or investing in production.
I do agree it is off base that the government said much or most of the money would be invested in local news.
However having the streamers invest in Canadian media or be part of domestic production is not ridiculous at all. And as was mentioned earlier, the 5% committment could very well have been agreed upon between the government and streamers. But I am sure some will voice their opposition, as should be expected.
They already were! The Canadian production industry has never been healthier, mostly thanks to Netflix and company.
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And this helps to ensure the healthy production continues. Netflix and company are also investing here because it's good business.
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paterson1 wrote:
And this helps to ensure the healthy production continues. Netflix and company are also investing here because it's good business.
It will most likely backfire. Netflix isn't just going to absorb this without cutting elsewhere. It's disrupting a quite functional system with no regard to results in order to fix a non-existent problem.
Netflix would have been likely to re-invest their money because their endevours are profitable, instead the money is going to go down a black hole of content that nobody consumes and is otherwise unsustainable.
Last edited by RadioAaron (June 4, 2024 9:08 pm)
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It is interesting that the streamer needs to do at least $25 million in business here to be obligated to take part in the 5% spend.
I came across the 2023 profile of film and TV production in Canada. The split between foreign and domestic monies spent isn't as one sided as I thought. Last year it was 56% foreign and 44% domestic.
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paterson1 wrote:
In the EU 17 countries have imposed financial obligations on foreign streamers either in the form of paying into national TV and film funds and/or investing in production.
I do agree it is off base that the government said much or most of the money would be invested in local news.
However having the streamers invest in Canadian media or be part of domestic production is not ridiculous at all. And as was mentioned earlier, the 5% committment could very well have been agreed upon between the government and streamers. But I am sure some will voice their opposition, as should be expected.
I'm not surprised you took that tact and I'm really only concerned with what we do in Canada, not elsewhere. But here's my problem with it.
I can almost get my head around why Canadians should subsidize a national broadcaster like the CBC with tax dollars. I'm not fan of it, but it makes sense because it's by Canadians for Canadians, even though ratings show not a lot of people are watching their English TV output. So fair enough.
But in what world does one competitor have to give money to their poorer challenger to help keep them afloat? That's crazy. And I can't think of another single business that is forced by government fiat to operate this way.
Can you imagine if American Airlines had to give part of its profits to help out Air Canada, because the Canadian carrier is forced to fly to more remote destinations the U.S. airline doesn't have to serve?
Or how about an American conglomerate like Wal-Mart being forced to dole out money to Longos because it's not as big across the country and thus "it's not fair."
It would be absolutely absurd. Why is broadcasting subject to such a different standard? If the streamers are beating our guys at their own game, well, that's business. It's up to them to figure out a way to compete and not take a handout from a very reluctant competitor.
I think what we're really seeing here - and I hate to say it, because I still love over-the-air TV and the old system a lot - is the early death throes of a dying industry. I have no love for Disney - they're one of the greediest and most predatory companies on the planet - but if they've built a better mousetrap (and I don't mean Mickey), why should they have to give any of it away?
I'm sorry but this does not make sense to me.
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And what seems to get lost in all of this is taxes.
A streamer based in another country should absolutely have to pay taxes on their domestic revenues. If they've found a way around that, then absolutely close those loopholes.
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RadioAaron wrote:
The Canadian production industry has never been healthier, mostly thanks to Netflix and company.
Netflix made some interesting observations about this very thing to the Commission during the hearings on this legislation. They pointed out they already contribute a lot to the Canadian industry by shooting so many of their shows here, a benefit not only to the country but helping to employ those working here.
They, along with other streamers like Amazon and Tubi, "requested that their current expenditures on Canadian programming be deducted from base contributions. They stated that they preferred to directly invest in production rather than contribute to funds that will subsequently serve their Canadian competitors and to which they do not have access."
(Quoted from the CRTC decision)
And finally, "Netflix, The Walt Disney Company, including Buena Vista International, Inc., and Paramount Global opposed directing base contributions to support news programs, given that they do not produce this type of content."
None of which ultimately made any difference. The Commission was determined to find a way to make them pay for things they're not involved in and so here we are. Again, I'm not a huge fan of any of these guys and I don't subscribe to any streaming service. But I honestly would not blame some of them if they looked at the numbers, took their ball and went home.
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Here's how industry expert and Law Prof. Michael Geist sees it.
"From a consumer perspective, remarkably, the word ‘consumer’ does not even appear once in a 44-page decision. Because at the end of the day, it’s consumers who I think are going to foot the bill for all the millions this is expected to generate.”
As for Spotify, he points out they have left other countries before due to onerous regulations. He wonders if they could follow suit in Canada.
He has some interesting things to say in the brief article below, which is well worth a read.
New Canadian streaming rules could cost you: expert
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"It would be absolutely absurd. Why is broadcasting subject to such a different standard? If the streamers are beating our guys at their own game, well, that's business. It's up to them to figure out a way to compete and not take a handout from a very reluctant competitor. "
Broadcasters are saying, why should streamers be unregulated and have no obligations. Why are they subject to such a different and preferred standard? Streamers and broadcasters are in the same business correct? Up until the last few years, the streamers were not even paying HST or any taxes.
So I think before everyone get all wrapped up in a coil, let's see how this actually plays out and let's hear the response from Netflix, Disney etc..
Last edited by paterson1 (June 4, 2024 10:06 pm)
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Peter Menzies, the former vice-chair of the CRTC, has an alarming reaction to the new regs. that would force the big U.S. streamers to give 5% of their Canadian earnings to other players. And he doesn't think you'll be happy if worse comes to worst.
"The apparent options are to a) reduce current investment in Canadian film and television; b) increase subscription costs to consumers, c) lay people off/reduce overhead, or d) leave the country. The CRTC decision is rather cleverly constructed to avoid the nuclear option of d)—at least until after the election—by promising in the future to perhaps give credits for money already being spent on production. And maybe a more workable definition of Canadian content. Maybe.
Nevertheless, as a source within the industry told me:
“I’m renewing my VPN subscriptions because I don’t see why Netflix, Amazon, Disney, et al. would continue operating in Canada.”
A bit alarmist, perhaps, but an interesting read.
Why the Online Streaming Act might just run Netflix out of the country
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To be fair why would Crave not be forced to pay the 5% too ? They are exactly the same as Netflix.
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A couple of things have not come up in all of our discussions. We seem to have it in our heads that the streamers are all successful and it is only broadcasters that are struggling and may go dark. To say that streamers are "beating our guys at their own game" isn't really accurate.
Other than Netflix and maybe Disney+, the streamers have been bleeding cash for a long time.. Disney+ made $47 million in their latest quarter and expect to lose money in the next. However when revenue for Hulu is included they did have a slight loss. Since the launch in 2019 Disney+ has lost about $12 billion. All of the other big streamers have been losing money and have started to scale down production and offer cheaper versions with commercials.
Canada has a total of 23 streaming services available and the US many more. The problem in both countries is too many services available and not enough viewers. Or not enough people who are willing to pay, to make the service profitable.
Also the CRTC ruling says that a streamer is not included in the 5% fee if they have revenues under $25 million and "not affiliated with a Canadian broadcaster." Is HBO and HBO Max affiliated with Bell? I am not sure what they mean by affiliated.
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I can't remember the last time a Globe & Mail editorial centered on broadcasting. This one attacks the CRTC's recent edict demanding foreign streaming services that make above a certain threshold pony up 5% of their revenues to support certain Canadian media.
It's a thought-provoking read that predicts somewhat dire consequences from the new rule - and what it might portend for the future in Canada.
"Beyond the practical issues, there are more fundamental questions that Ottawa is simply ignoring. Why should online streaming platforms fund Canadian content? Isn’t that a broader social good? Imagine if Ottawa imposed a special tax on tire makers to fund highway maintenance, or on sports equipment makers to fund recreational centres. Such policies would rightly be looked at as bizarre."
Ottawa’s levy on streaming services is no screen saver
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Couldn't read the editorial, blocked by the Globe. I don't really understand all of the details of the new proposal, however I also don't understand why some defend the streamers so much.
These are multi billion dollar organizations with huge influence and power. If it was Rogers or Bell all we would hear about is how greedy they are and how they screw their customers, and are always laying off people. But never any criticism of Netflix, Disney or Amazon etc. I guess streaming is somehow pure and more honest or honourable than broadcasting?
Up until recently the streamers have had a free ride with no rules. The fact that they are foreign doesn't matter. They are doing business here and in other countries. Why should they be given carte blanche to do what they want and the traditional broadcasters are regulated and obligated to contribute to the domestic media landscape.
To their credit, most of the biggest players are now taking part and investing in productions and being part of the Canadian media landscape. However this was largely because they were pressured and almost shamed into participating.
It wasn't that long ago that Netflix arrogantly wouldn't even talk to or acknowledge the CRTC or any other government agency. They said they were a foreign company and the Canadian government had no authority telling them how to run their business, even in Canada.
They also did the same in other countries, and eventually did come around and realized that this approach was a non starter. Also investing in other countries and being part of the local media is good for business.
I find it a little strange that we haven't heard from any of the streamers so far. I thought someone or a group of streamers would have responded by now. Also the opposition parties really haven't been rallying against this much.
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paterson1 wrote:
Couldn't read the editorial, blocked by the Globe.
Sorry about that. I didn't get any paywall at all when I went there and I still don't. And I'm not a G&M subscriber. Funny how some get it and some don't. But I noticed someone archived this 23 hours ago, so here's the unblocked version.
paterson1 wrote:
These are multi billion dollar organizations with huge influence and power. If it was Rogers or Bell all we would hear about is how greedy they are and how they screw their customers, and are always laying off people. But never any criticism of Netflix, Disney or Amazon etc. I guess streaming is somehow pure and more honest or honourable than broadcasting?...
To their credit, most of the biggest players are now taking part and investing in productions and being part of the Canadian media landscape. However this was largely because they were pressured and almost shamed into participating.
I have no skin in the game since I'm not a streaming customer (yet), but the Globe's point seems to be that this will ultimately wind up costing subscribers more, which the CRTC surely did not want but has no control over - and should have realized. And whoever the government in power is will surely hear from already overburdened Canadian taxpayers, blaming them.
Also, as you and they noted, a company like Netflix already produces a ton of its stuff here in Canada, employing everything from actors and writers to technical unions. Is that not contributing to the Great White North? I believe I read it also has a number of shows that centre on Canada and Canadians, so it can reasonably argue it's already doing its part without an additional financial burden.
There is also a perception - rightly or wrongly - that Canadians don't always watch shows aimed at them or about them. So the streamers may wonder why they're being forced to fund shows very few will ever see, that they can't monetize and which their far larger American audience may not watch.
paterson1 wrote:
I find it a little strange that we haven't heard from any of the streamers so far. I thought someone or a group of streamers would have responded by now.
The new rules don't officially kick in until September. We may well hear from them when the money has to start flowing.
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Many if not most of the shows that Neflix, Amazon and others will be indirectly funding will end up on their services. I don't think many producers make a program thinking nobody is going to like or watch this.
What is popular, and what the public seems to respond to is often a bit of a mystery. Sometimes Canadian programming and music do better in other countries than at home. But this isn't unique to Canada. Also it is tricky to always say what is popular. Schitt's Creek wasn't a ratings OTA TV winner (it did well streaming though) and picked up a record number of Emmy Awards for a sitcom. Can you classify it as popular with the public? It certainly was for critics but this is not the same thing.
Netflix in particular seems to be getting more international in what they are offering. New Canadian programming will only add to this.
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paterson1 wrote:
New Canadian programming will only add to this.
Only if it's good Canadian programming. People don't watch based on where a show is made. We'll have to wait and see what they produce.
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RadioActive wrote:
paterson1 wrote:
New Canadian programming will only add to this.
Only if it's good Canadian programming. People don't watch based on where a show is made. We'll have to wait and see what they produce.
Some programming will be good, and some not as much. Just like programming from anywhere else. Besides the term good is pretty subjective. People also should not watch a program based on where it is made .
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For once we agree. Who cares if it's Canadian as long as it's good? But no company should be forced to make programming of any kind by fiat. Produce quality stuff, and who cares if it was made in Canada or Hollywood? It really doesn't matter to most viewers.
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And also don't penalize a program just because it is Canadian.
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paterson1 wrote:
And also don't penalize a program just because it is Canadian.
The corollary is don't make a show just because it's Canadian.
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RadioActive wrote:
paterson1 wrote:
And also don't penalize a program just because it is Canadian.
The corollary is don't make a show just because it's Canadian.
But don't refuse to watch or decide that you already won't like it just because it is Canadian.
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paterson1 wrote:
RadioActive wrote:
paterson1 wrote:
And also don't penalize a program just because it is Canadian.
The corollary is don't make a show just because it's Canadian.
But don't refuse to watch or decide that you already won't like it just because it is Canadian.
Being honest here. I have been guilty of this.