The Canadian Radio-television and Telecommunications Commission (CRTC) has unveiled a fresh interpretation of Canadian content regulations, stipulating that humans, not artificial intelligence (AI), must maintain creative oversight to qualify. The updated definition retains the existing points-based system to assess Cancon eligibility, emphasizing the presence of Canadian professionals in key creative roles within a production.
The revamped guidelines now encompass a broader range of positions, such as showrunner, special effects director, and head of costuming, as contributing factors. The CRTC emphasizes the importance of humans holding creative control, stating that while AI can aid in content creation, Canadians should lead to bolster economic opportunities and support creators.
Under the new definition, productions can earn extra points by incorporating cultural elements like Canadian characters, settings, or narratives based on Canadian sources. Scott Shortliffe, the CRTC’s vice-president of broadcasting, highlights the goal of certifying more productions as Canadian to stimulate collaborations and increase investments in Canadian content across various genres.
These regulations, applicable to both traditional media and online streaming services, follow a two-week public hearing earlier this year. Part of the CRTC’s efforts to implement the Online Streaming Act, the rules aim to modernize broadcasting laws to encompass digital platforms like Netflix. The Act introduces disclosure requirements for major streaming services, mandating the publication of broadcasting revenues and expenditures on Canadian content.
While certain online platforms have expressed concerns about data disclosure affecting their competitiveness, the CRTC believes that public interest outweighs potential harm. Shortliffe notes that the disclosure mandate aligns with long-standing requirements for Canadian companies. The Motion Picture Association-Canada, representing prominent streamers like Netflix and Amazon, is reviewing the decision.
Foreign streaming giants are contesting previous CRTC rulings that impose financial contributions towards Canadian content and local news production. Additionally, the Cancon decision introduces a new minimum copyright ownership threshold, requiring at least 20% Canadian ownership for a production to qualify as Canadian. The Canadian Association of Broadcasters lauds the balanced approach of the recent CRTC decision, acknowledging the significance of Canadian intellectual property ownership and efforts to streamline reporting obligations for foreign and domestic broadcasting entities.