Internet Regulation: A Can-Con Game

So . . . the supremely-evilly-named Konrad von Finckenstein, the head of the Canadian Radio-Television Telecommunications Commission (CRTC), has weighed in on the notion of regulating Netflix, AppleTV, and Google TV.  These services are called "over the top," and not because of their wacky content but rather because they don't fall neatly into the purview of the commission.  Armed with his movie-villain name, Von Finckenstein has decided it is a good idea to begin a discussion of regulating internet content in Canada.  Sure it works so well in totalitarian states, but it also to makes sure our home-grown film industry continues to work.

Even if I generally don't agree with them, I understand protectionist measures, especially in a country like Canada where we have a competitor ten times our size adjacent to us.  And Canadian-content rules for radio and television are born of a noble intention; our music scene and film industry would be at a severe disadvantage if it had to compete toe-to-toe with the Americans, with their greater resources, weaker unions, and Katy Perry. 

Though I understand this, I loathe the CRTC and their mandate.  Not just because they prevent me from getting HBO programming from, you know, HBO, or even because their simulcast laws make me to miss the last two minutes of my shows, but just because they take their regulatory role very, very seriously.  God forbid we should be able to legally get ESPN in this country, lest TSN and SportsNet go out of business.  You know what?  If our industry is that flimsy that allowing the entry of a competitor will bankrupt them, I fear for what that says about our television community. 

(Aside: the lunacy of the fact that due to CRTC regs, the only way to get certain American television stations is an illegal connection.  More proof that regulations will not stop people from wanting and getting the things they desire.  Better to make it legal and make money off of its taxation.)

Our internet access is already restricted in this country; if I want to watch an episode of Hot in Cleveland or Keeping Up With The Kardashians (no, I don't actually want to, no one does) I have to go to CTV's website rather than that of whatever U.S. channel produces that dreck.  Which is fine, as long as it's at least available somewhere here. Global pays for the rights to Wipeout in Canada, so they should be able to avoid competition with the company they paid for that right (by the way, watched Wipeout for the first time this week - I lasted about 3 minutes before turning it off while shaking my head in sorrow). 

But the difference is that these so-called over the top services are not based on set programming, but rather consumer choice.  The only way to ensure that Canadians will choose Canadian content is to restrict choice to the point that they must.  Forcing Netflix to produce Canadian programming won't create any greater desire on the part of Canadians to watch it.  Forcing it to make a set percentage of its options Canadian-based won't change what people choose, unless that percentage is near to 100.

This idea gets to the heart of why CanCon laws worked so well for the music industry and so poorly for TV.  It used to be, back in the old days, that you listened to the radio in the car, and local stations were your only choice.  Because of that, regulating that 30% of the music had to be Canadian-made worked; everyone listened to the radio, the home-grown songs were forced upon the listeners, and familiarity, in the case of music, bred a more positive attitude.  But with TV, you had the option of watching American programming with zero effort, and that's what people chose.  And the people spake, what what they said was they wanted the stuff from south of the border.  And the same will be true of internet content, unless the content itself is restricted.

Which brings us back to the CRTC and their role.  In the imagined dialogue of what is sure to be the worst Bond movie ever, do I expect the CRTC to change?  No, Von Finckenstein, I expect it to die.