net regulation: good or evil?  

NOTE: The issue covered in this article was concluded in the spring of 1999. See the comment at the end of the column.

I just received an email from someone concerned about a proposed new piece of regulation being discussed in a public forum in Canada. When I read the details of the proposal, a chill ran down my spine.

It seems that Canada's broadcasting regulatory body, the Canadian Radio and Television Commission (CRTC) is proposing to regulate Canadian content on the Internet.

Chances are you don't know much about the CRTC or the history of its influence on Canadian media. Let me fill you in.

This is the organization which develops and enforces regulations regarding the content of broadcasting in Canada. Created in 1968, its purpose was honorable. With the country overshadowed by the influence of its southern cousin the United States of America, the idea was to ensure that Canadian artists received sufficient airtime to get noticed. The problem was not with the objective of the regulation, but with its implementation. For decades the CRTC has stifled Canadian broadcasters as it became ever more invasive.

The regulation was quickly expanded to cover television media. Many American shows are unavailable on Canadian stations or cable distributors because the amount of Canadian content must reach a specific percentage. As a result, Canadians are forced to watch some sub-standard material simply because it's Canadian in origin. At the same time, they are restricted from watching what they might choose to watch simply because it isn't Canadian content. Politically incorrect views are prohibited, while pornography is allowed to be broadcast to the general public on free television with few restrictions--provided that it's Canadian content.

Before long the regulation was expanded further. The CRTC had their hooks in the system now and were not about to let things end here. Next on the block was religious freedom. Canadian broadcasters are not allowed to broadcast religious content unless it meets CRTC guidelines. Let me assure you that not much meets their guidelines. In order to be acceptable to the CRTC, stations must broadcast a wide variety of religious viewpoints. As far as I know, only two exceptions have been made. In other words, all viewpoints must be treated as equal, even if they're complete opposites. Pluralism was now regulated. We are well on our way to George Orwell's thought-controlled society of "1984."

At the end of the 1999, another CRTC victory will touch the lives of Canadians. A heavy tax will be applied to the purchase of every CD-R disc and blank audio cassette to protect the loss of income for Canadian musicians from piracy. Never mind that CD piracy is a minor problem in Canada. Never mind that most CD-Rs are sold for data storage, not music. Never mind that there are no provisions in place to be reimbursed for data recording purposes. Never mind that much of any potential piracy would involve American and not Canadian music. Furthermore, the regulation is structured in such a way that it does little for those artists who are most likely to be hurt by piracy. Small artists--those without a major recording label behind them whose work is more likely to be stolen--will receive the smallest portion of any funds collected.

Now the organization has set its sights on the Internet. Naturally, one of the primary arguments used is that we must protect children from pornography. An honorable goal, to be sure. But the CRTC does not ban pornography in broadcast media, so this appears an empty promise. And a close look at the proposal is chilling. Another goal is to regulate Canadian content. On the Internet! In other words, this regulation would ultimately limit the number of links on Canadian web sites which point to sites outside the country! How they would do that is unclear, but let me assure you that if this goes through they will find a way. Another objective already mentioned is the desire to keep Canadian companies from advertising on US or other international web sites.

If you think management of this kind of regulation is impossible, think again. It has already happened in numerous countries, including China. All ISPs in China were shut down about a year ago and allowed to reopen only after their access lines were diverted through government 'thought control' centers. All Internet access in China is now closely monitored and those sites not on the approved list are restricted.

The most serious issue here is the concept of giving control of Canadian Internet access and usage to the CRTC. Once this bureacracy driven by politics and Machevillian control has its hands on the Internet switch, all content will be regulated. Thought will effectively be snuffed out unless it meets CRTC approval. All of the current regulations which so hamper the broadcast world would be applied to Internet usage. Web site service providers will be required to apply for regulatory approval. They will have to regularly submit details of site content to the CRTC. They will be required to police such arcane aspects as how much of the web site content is "Canadian" or how much is of a religious nature. They would have to count links to outside sources and shut down any site which doesn't meet regulatory guidelines. Individual web sites which contain controversial or religious content will have to receive CRTC approval--and that approval will not come unless they support the pluralistic guidelines of the CRTC.

Even email will not escape the clutches of an organization bent on this kind of cultural control.

And what of pornography? What I find most amazing is that the CRTC has openly allowed pornography in Canadian broadcast media. Many cable stations are allowed to broadcast pornographic content during prime time viewing hours. Nudity and graphic sexual scenes are permissible. How could this bureacracy allow pornography in broadcast media and not on web sites? Clearly their own objective is either a fabrication used to reduce opposition to the proposal, or it's a clever deception aimed at hiding the real purpose of this regulation.

If you are concerned about this proposal, speak up now. Write to your local newspaper. Contact your political representatives. A web site has been established for Internet discussion. It will accept forum postings until November 22, when oral discussions begin. The site is located at http://www.newmedia-forum.net. Make your opinion heard or you will have no grounds for complaint if this Orwellian proposal descends like an iron curtain upon Canadian freedom of speech.

The CRTC announced their final decision on this issue in the spring of 1999 following months of Internet polling and public forum hearings across the country. There will be no attempt to regulate the Internet in Canada. I applaud the decision, but wonder how much this ridiculous effort cost the taxpayers of Canada.

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