Is Streaming "Broadcasting"? The Answer May Upset The CRTC's Plans

Posted by RadioActive
June 10, 2025 7:10 am
#1

Just when you thought the CRTC was about to update the CanCon regulations for a modern age, comes this wrinkle: Quebec wants to create its own rules about French content on streaming, despite the fact the province technically has no say over the Internet. 

But that hasn't stopped La Belle Province from trying to impose its own quotas, even as the Commission tries to update all the rules surrounding foreign streaming services and their obligations in Canada. 

It's what renowned Prof. Michael Geist argues could throw a "wrench" into the debate over content. It raises the question of whether the Internet is truly "broadcasting" and how you define it. 

"The Supreme Court of Canada has repeatedly ruled that the power to regulate broadcasting falls to the federal government. The key question is whether internet streaming constitutes broadcasting.

 If the answer is yes, the federal law would apply, and the Quebec bill faces the prospect of being declared unconstitutional. Alternatively, if internet streaming is not broadcasting – and some have argued that it is not – then the federal law may be declared unconstitutional, but the Quebec bill would stand. Either way, it is difficult to square how the federal and provincial efforts to regulate online streaming can legally co-exist."

Can the CRTC and Quebec both win? If not, what happens to the loser in this argument? This is a really interesting development and one worth keeping an eye on. 

Just as Ottawa makes headway on streaming regulation, Quebec throws in a monkey wrench

 


 
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