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The CRTC said it would leave podcasts alone. Turns out that was a myth

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From the MacDonald-Laurier Institute

This article originally appeared in the Hub.

By Peter Menzies, October 4, 2023

It’s clear the regulator is about to draw podcasts into its warm embrace.

The CRTC has backtracked on its promise to leave podcasts alone.

On May 12, the federal regulator stated in its “Myths and Facts” release that concerns it would regulate content such as podcasts were a “myth” and the “fact” of the matter was that “a person who creates audio or video content or creates a podcast, is not a broadcaster under” the Online Streaming Act (Bill C-11).

That “fact” didn’t live long. It expired September 29 when, in its first decisions since being granted authority over the internet, the CRTC changed lanes.

While it was careful to state that podcasters themselves don’t have to register with the Commission, the web-based platforms that make podcasts available must do so. Indeed, podcasters may not be broadcasters, but very much as predicted by the legislation’s critics, the CRTC has found ways to bring them into scope anyway.

It decided that podcasts constitute “programs under the Broadcasting Act, given that they are comprised of sounds intended to inform, enlighten or entertain.”

The regulator’s decision further explains that while podcasters may not be broadcasters, the transmission of podcasts over the internet most definitely “constitutes broadcasting” which makes those entities that platform podcasts into cable companies.

So while the CRTC concedes that while “the Broadcasting Act does not give the Commission a mandate to regulate creators of programs” it nevertheless makes clear that its powers do cover “those services that are involved in the broadcasting of programs, which are referred to as broadcasting undertakings.”

Is your head spinning yet?

The legal contortions continue throughout the decision, but the clear takeaway, the bottom line, is that, while it keeps insisting it doesn’t intend to regulate the content of podcasts, it is very concerned about the content of podcasts and if it can’t legally regulate them, it’ll make sure someone else does it for them.

Paragraph 223 of its decision makes it clear the CRTC is about to draw podcasts into its warm embrace.

Without information about online undertakings that transmit or retransmit podcasts, it would be more difficult for the Commission to ensure the achievement of the objectives of … the Broadcasting Act, which relate to, among other things, providing a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern, and (that) the programming provided by the Canadian broadcasting system should be varied and comprehensive, providing a balance of information, enlightenment and entertainment for people of all ages, interests and tastes.

In other words, what the CRTC denounced as “myth” in the spring has become a “fact” in the fall. It has kicked open the door to the regulation of online content, if not directly then by proxy through the platforms that deliver the work of podcasters to their audiences.

It is a bureaucratic master stroke.

Here’s what will follow.

The list of intervenors presenting at the CRTC’s public hearing coming up in late November indicates the panel of commissioners will hear from a number of groups that will explain the extent to which they are under-represented and funded. So, a possible outcome of this will be that services that carry podcasts will have to fund podcasters who, on their own, haven’t been able to find an audience.

Just as likely is that platforms will be regulated to ensure podcasts designated by the CRTC are given priority visibility/discoverability online over undesignated podcasts through the manipulation of algorithms. These are likely to be podcasts by Indigenous, BIPOC and LGBTQ2S creators.

As erstwhile CRTC Chair Ian Scott told the Senate committee studying Bill C-11 in 2022:

Instead of saying, and the Act precludes this, we will make changes to your algorithms as many European countries are contemplating doing, instead, we will say this is the outcome we want. We want Canadians to find Canadian music. How best to do it? How will you do it? I don’t want to manipulate your algorithm. I want you to manipulate it to produce a particular outcome. And then we will have hearings to decide what are the best ways and explore it.

This was reinforced in an exchange Scott had with Senator Pamela Wallin, who suggested proponents of the bill were parsing their words and that:

You won’t manipulate the algorithms; you will make the platforms do it. That is regulation by another name. You’re regulating either directly and explicitly or indirectly, but you are regulating content.

To which Mr. Scott replied: “you’re right.”

The CRTC has now confirmed what it denied mere months ago when it was parroting then-Heritage Minister Pablo Rodriguez’s talking points.

It will make sure podcasts and any other internet content it can capture is regulated.

Peter Menzies is a Senior Fellow with the Macdonald-Laurier Institute, a former newspaper executive, and past vice chair of the CRTC.

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China’s economy takes a hit as factories experience sharp decline in orders following Trump tariffs

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Quick Hit:

President Trump’s tariffs on Chinese imports are delivering a direct blow to China’s economy, with new data showing factory activity dropping sharply in April. The fallout signals growing pressure on Beijing as it struggles to prop up a slowing economy amid a bruising trade standoff.

Key Details:

  • China’s manufacturing index plunged to 49.0 in April — the steepest monthly decline in over a year.
  • Orders for Chinese exports hit their lowest point since the Covid-19 pandemic, according to official data.
  • U.S. tariffs on Chinese goods have reached 145%, with China retaliating at 125%, intensifying the standoff.

Diving Deeper:

Three weeks into a high-stakes trade war, President Trump’s aggressive tariff strategy is showing early signs of success — at least when it comes to putting economic pressure on America’s chief global rival. A new report from China’s National Bureau of Statistics shows the country’s manufacturing sector suffered its sharpest monthly slowdown in over a year. The cause? A dramatic drop in new export orders from the United States, where tariffs on Chinese-made goods have soared to 145%.

The manufacturing purchasing managers’ index fell to 49.0 in April — a contraction level that underlines just how deeply U.S. tariffs are biting. It’s the first clear sign from China’s own official data that the trade measures imposed by President Trump are starting to weaken the export-reliant Chinese economy. A sub-index measuring new export orders reached its lowest point since the Covid-19 pandemic, and factory employment fell to levels not seen since early 2024.

Despite retaliatory tariffs of 125% on U.S. goods, Beijing appears to be scrambling to shore up its economy. China’s government has unveiled a series of internal stimulus measures to boost consumer spending and stabilize employment. These include pension increases, subsidies, and a new law promising more protection for private businesses — a clear sign that confidence among Chinese entrepreneurs is eroding under Xi Jinping’s increasing centralization of economic power.

President Trump, on the other hand, remains defiant. “China was ripping us off like nobody’s ever ripped us off,” he said Tuesday in an interview, dismissing concerns that his policies would harm American consumers. He predicted Beijing would “eat those tariffs,” a statement that appears more prescient as China’s economic woes grow more apparent.

Still, the impact is not one-sided. Major U.S. companies like UPS and General Motors have warned of job cuts and revised earnings projections, respectively. Consumer confidence has also dipped. Yet the broader strategy from the Trump administration appears to be focused on playing the long game — applying sustained pressure on China to level the playing field for American workers and businesses.

Economists are warning of potential global fallout if the trade dispute lingers. However, Beijing may have more to lose. Analysts at Capital Economics now predict China’s growth will fall well short of its 5% target for the year, citing the strain on exports and weak domestic consumption. Meanwhile, Nomura Securities estimates up to 15.8 million Chinese jobs could be at risk if U.S. exports continue to decline.

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Scott Bessent says U.S., Ukraine “ready to sign” rare earths deal

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Quick Hit:

During Wednesday’s Cabinet meeting, Treasury Secretary Scott Bessent said the U.S. is prepared to move forward with a minerals agreement with Ukraine. President Trump has framed the deal as a way to recover U.S. aid and establish an American presence to deter Russian threats.

Key Details:

  • Bessent confirmed during a Cabinet meeting that the U.S. is “ready to sign this afternoon,” even as Ukrainian officials introduced last-minute changes to the agreement. “We’re sure that they will reconsider that,” he added during the Cabinet discussion.

  • Ukrainian Economy Minister Yulia Svyrydenko was reportedly in Washington on Wednesday to iron out remaining details with American officials.

  • The deal is expected to outline a rare earth mineral partnership between Washington and Kyiv, with Ukrainian Armed Forces Lt. Denis Yaroslavsky calling it a potential turning point: “The minerals deal is the first step. Ukraine should sign it on an equal basis. Russia is afraid of this deal.”

Diving Deeper:

The United States is poised to sign a long-anticipated rare earth minerals agreement with Ukraine, Treasury Secretary Scott Bessent announced  during a Cabinet meeting on Wednesday. According to Bessent, Ukrainians introduced “last minute changes” late Tuesday night, complicating the final phase of negotiations. Still, he emphasized the U.S. remains prepared to move forward: “We’re sure that they will reconsider that, and we are ready to sign this afternoon.”

As first reported by Ukrainian media and confirmed by multiple Ukrainian officials, Economy Minister Yulia Svyrydenko is in Washington this week for the final stages of negotiations. “We are finalizing the last details with our American colleagues,” Ukrainian Prime Minister Denys Shmyhal told Telemarathon.

The deal follows months of complex talks that nearly collapsed earlier this year. In February, President Trump dispatched top officials, including Bessent, to meet with President Volodymyr Zelensky in Ukraine to hammer out terms. According to officials familiar with the matter, Trump grew frustrated when Kyiv initially refused U.S. conditions. Still, the two sides ultimately reached what Bessent described as an “improved” version of the deal by late February.

The effort nearly fell apart again during Zelensky’s February 28th visit to the White House, where a heated Oval Office exchange between the Ukrainian president, Trump, and Vice President JD Vance led to Zelensky being removed from the building and the deal left unsigned.

Despite those setbacks, the deal appears to be back on track. While no public text of the agreement has been released, the framework is expected to center on U.S.-Ukraine cooperation in extracting rare earth minerals—resources vital to modern manufacturing, electronics, and defense technologies.

President Trump has publicly defended the arrangement as a strategic and financial win for the United States. “We want something for our efforts beyond what you would think would be acceptable, and we said, ‘rare earth, they’re very good,’” he said during the Cabinet meeting. “It’s also good for them, because you’ll have an American presence at the site and the American presence will keep a lot of bad actors out of the country—or certainly out of the area where we’re doing the digging.”

Trump has emphasized that the deal would serve as a form of “security guarantee” for Ukraine, providing a stabilizing American footprint amid ongoing Russian aggression. He framed it as a tangible return on the billions in U.S. aid sent to Kyiv since the start of Russia’s 2022 invasion.

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