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Leading communications lawyer Peter Grant told delegates at the Canadian Film and Television Production Association (CFTPA)'s recent "Prime Time" conference that internet service providers (ISPs) are not any different than BDUs under the Broadcasting Act, and should thus have to support Canadian new media content.
Grant explains, " '[the Broadcasting Act] states that 'each element of the broadcasting system shall contribute in an appropriate manner to the creation and presentation of Canadian programming.' " He argues that " 'since, as we have seen, about 50% of the traffic on the internet may be broadcasting, it's hard not to acknowledge that the internet is now 'an element' of the Canadian broadcasting system. And when ISPs distribute broadcasting, in that sense they are acting as broadcasting distribution undertakings.' "
If only 50% of Internet traffic is broadcasting, Grant sets his proposed levy at 2.5% of ISP revenues, or half of the 5% BDUs contribute to the Canadian Television Fund.
Canadian content on the Internet is divided into three categories:
- User-generated
- Inexpensive, commercial content such as news and sports
- High-quality, expensive programming such as drama and documentary
It is the third category that Grant says should be financed by the ISP levy. The CRTC would have to amend its New Media Exemption order, however, before such a levy could be imposed.
A Harris/Decima poll found that 69% of Canadians believe that ISPs should be required to help fund the production of Canadian digital media content. In addition, 73% of Canadians agree that wireless service providers should help fund it, while 84% feel that the federal government should work to ensure that Canadians have Canadian content choices available to them across all media platforms.
Source: Tech Media Reports, 02/25/2008
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