Online video games and user-generated videos should be regulated: ACTRA

As ISPs rally against any regulation of online content, the union representing broadcast artists says the CRTC should to start licensing anyone who streams video content that originates in Canada, even video games. ACTRA also wants Cancon rules extended to the Internet and ISPs and wireless service providers to contribute $107 million annually into a new media production fund.ACTRA's attempt to apply the full force of broadcasting regulations to the Internet is grounded in its belief that, in the near future, most Canadians will receive their films, television, music and other entertainment and information programs via the Internet and mobile devices. It refers to a recent study conducted by Nordicity Group Ltd. finding that 70% of all traffic on the Internet is audiovisual content, including video games. ACTRA contends all of this content would constitute a "program" and "broadcasting" under the Broadcasting Act.In fact, ACTRA predicts the day will come when broadcasters will get out of the transmission business altogether and distribute content exclusively through the Internet to homes and mobile devices."If Canada is to carve out an appropriate place for Canadian content, it is essential for the CRTC to implement appropriate regulatory and funding measures for those who are involved in broadcasting in new media, whether as programmers (broadcasters), service providers (distributors) or producers," it writes.Of all the groups to file comments with the CRTC for its February 17 new media hearing, ACTRA takes one of the toughest stands in favour of applying the same rules to all broadcasting - regardless of how it's distributed. It even goes so far to suggest that individuals who create their own videos also fall under the Broadcasting Act and the CRTC's jurisdiction. In its Notice of Public Hearing (2008-11), the commission specifically stated that it is not concerned with user-generated content - a conclusion ACTRA says the CRTC erred in making.Instead, ACTRA calls on the commission to rescind the current exemption orders governing new media and wireless video content and suggests the creation of a new type of licensee - new media broadcasting undertakings - which like BDUs and broadcasters would be subject to Canadian content rules and other reporting rules, including programming logs. It's a recommendation also put forward by the SOCAN copyright collective, which argues for a 51% Cancon threshold for Canadian commercial websites that broadcast audio and/or visual programming.ACTRA is also among several groups on the content creation side calling for a new contribution "tax" to fund the development of new media content. The union says $99 million could be generated annually through a 3% levy on the gross revenues of ISPs, topped up with $8 million each year from a 0.6% levy on wireless service providers."This would reflect the fact that more than 50% of the material on the Internet is programming as defined in the (Broadcasting) Act and for these purposes the ISPs are acting in a manner analogous to BDUs, which are now paying 6% of their gross revenues into program production funds."In what will no doubt be among one of ACTRA's more contentious recommendations is that online video games fall under the broad definition of "program" and "broadcasting" under current legislation - and as such should be regulated. "Video games are combinations of "sounds and visual images" which "are intended to inform, enlighten or entertain" and are thus programs within the meaning of the Act," ACTRA contends.

Online video games and user-generated videos should be regulated: ACTRA

Broadcast | December 8, 2008

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