WITHCanadians can feel an immediate sense of familiarity while watching the second season of Law & Order Toronto: Criminal Intent, and not just because American versions of the police procedural show have been on our TVs for the better part of 35 years. Law & Order Toronto features Canadian actors, writers, directors and showrunners and uses real-life Canadian news as inspiration for its stories. This isn't just television made in Canada; this is television made by and for Canadians.
Representation, as they say, matters. Seeing versions of ourselves and the place we live on screen helps Canadians build and maintain a sense of national identity. Rogers has a rich history of financing, producing and broadcasting Canadian content, helping to shape and reflect our country's cultural identity for 65 years. With cultural touchpoints such as Law & Order Toronto: Criminal Intent, multilingual newscasts on OMNI Television, live sports broadcasts of Canadian teams, and daily news from local radio and CityTV stations, Rogers has a long history of investing in and bringing Canadian stories to Canadians.
But now, with the growing influence of US streaming giants and Canadian regulations that hamper domestic broadcasters, Canadian representation is in danger of being stifled. That's why Rogers and other companies are calling for a level playing field to allow Canadian companies to be more flexible in the competition. Because at the end of the day, these are the companies that will contribute to the development of the Canadian television industry and, by extension, our cultural sovereignty.
Canadian companies telling Canadian stories
Thanks to the growing volume of noisy political rhetoric emanating from the United States, many Canadians have turned their attention to the importance of Canada's political and economic sovereignty. But our cultural nuances also need to be protected. And companies that create Canadian content and invest in distributing it to Canadians should not be constrained by rules that favor American streaming giants.
As a nation, we have long sought entertainment from the U.S. and other countries, but these television programs have traditionally been interspersed with shows made in Canada, as mandated by rules requiring domestic broadcasters to fill up to 55 percent of their programming with Canadian content (while paying heavily to fund its development). Historically, broadcasters like Rogers have played on a level playing field with other Canadian media companies when it comes to adhering to these rules, but the emergence of American streaming services that don't have to follow the same rules has upset that balance.
“As a proud Canadian company competing with foreign streamers, we simply want to compete fairly, with the same flexibility and level playing field.”
Colette Watson, President, Rogers Sports & Media
“Uniting and entertaining Canadians is part of our DNA, dating back to 1960 when Ted Rogers purchased CHFI, his first radio station,” says Colette Watson, president of Rogers Sports & Media. “He could have focused on long-term expansion in the US, but he was committed to Canada. He said, 'I'm a proud Canadian, and our culture and identity is worth fighting for.'
This struggle is becoming increasingly intense. The Canadian Radio-television and Telecommunications Commission's (CRTC) restrictive and onerous rules for Canadian broadcasters, which do not apply to streaming services like Netflix or Amazon Prime, put companies like Rogers at a distinct disadvantage. Canadian broadcasters and cable companies are locked into an outdated model that hurts their ability to evolve at the speed of consumer habits while advertising dollars flow to digital platforms unencumbered by regulatory restrictions. In 2023, Netflix's global revenues exceeded US$33.7 billion, compared to Canada's total traditional broadcast revenues of US$14.7 billion (CAD). As a result of this imbalance, we risk losing Canadian television content while strengthening American companies that have no interest in producing or promoting Canadian stories.
Local news content is most at risk. It's expensive to produce and equally difficult to monetize, but it remains one of the most important types of content that broadcasters like Rogers can contribute to the cultural identity and shared experience of Canadians. But without regulatory changes, the ability of Canadian broadcasters to maintain significant levels of investment in local news will be at risk.
“When the fundamental sources of our understanding of ourselves and who we are and how we think and how we argue with each other disappear, the country begins to disappear,” says Richard Stursberg, a former CBC English executive who has also served as executive director of Telefilm Canada, CEO of the Canadian Cable Television Association, chairman of the Canadian Television Foundation and deputy minister of culture and radio broadcasting in the Government of Canada.
Protecting Regulatory Fairness
Protecting Canadian broadcasters who understand the value of conveying Canadian stories requires changes at the regulatory level. Ironically, the CRTC rules, originally designed to promote Canadian voices, now threaten to weaken the Canadian broadcasters most committed to preserving that national character. They also make it difficult for Canadian companies best positioned to compete with the streaming giants to win the market.
Companies like Rogers have called on the CRTC to restore fairness to the industry by modernizing Canada's content requirements and giving traditional broadcasters more flexibility in their input and programming so they can move at the speed of streamers and better attract viewers.
For example, under the CRTC's proposed structure, major streamers would contribute just five percent of their gross revenue to support the production of Canadian programming, and would be given broad flexibility in choosing where they could invest those dollars. Canadian companies such as Rogers are required to make significantly higher financial contributions under a very strict regulatory framework.
Canada's regulations aren't just outdated; they also help distort market dynamics and undermine commercial relationships. Companies like Rogers, which also distribute content through television packages, are calling on the CRTC to reconsider and limit its interference in commercial relationships. For example, during a commercial dispute, a “stay” rule could be used to prevent a distributor from making any changes to television packages. This, in turn, allows distributors and programming services to exploit the system to their advantage, in some cases delaying any decision for up to two years while the CRTC makes a decision, further eroding fair competition. Meanwhile, the streaming giants cast, filmed, announced, released and canceled a popular original series.
“What we need is a more balanced approach—one that has fewer regulations or more flexibility for Canadian suppliers so we can quickly adapt to consumer demands without ending up in years of disputes,” says Bret Leach, Rogers' president of lodging. “What was once understood as a routine business judgment has become an insurmountable obstacle that is harmful to our business and Canadians.”
According to Stursberg, the CRTC has failed Canadian cable companies and broadcasters for more than a decade. He believes regulatory changes are necessary for the Canadian television industry to survive, and notes that other countries, including France and the United Kingdom, have successfully implemented a fairer set of rules to protect their domestic content from American streamers. There is no reason why Canada cannot do the same, provided we show the political will.
“We can't have Netflix and Disney doing whatever they want while the cable companies and Canadian broadcasters are saddled with all these endless regulations,” Stursberg says. “If they're going to give up these rules, give them up for everyone. That's the only way to succeed.”
The fight to protect Canada's prospects
Now, more than a decade into the streaming era, Canadians have more control over when and what they watch. Even with the popularity of American streamers, people in Canada still want to watch local news, Canadian reality shows and scripted dramas that reflect our own culture, but to create that content, traditional broadcasters need tools to stay competitive.
“We are committed to meeting our customers' changing viewing habits by investing in the most in-demand sports and entertainment content and delivering it to viewers the way they want to watch it,” says Watson. “As a proud Canadian company competing with foreign streamers, we simply want to compete fairly, with the same flexibility and level playing field.”
Visit Rogers.com to find out more.
