AI can’t be used to qualify content as Canadian, CRTC says in updated rule – National

The Federal Broadcasting Regulator has published a new definition of Canadian content, which states: artificial intelligence I can't claim.

The new definition retains the same approach as the previous one, using a system to determine whether something is Cancon based on the number of Canadians in key creative positions in production.

The modernized definition expands the list of positions that count toward the total to include positions such as showrunner, special effects director and costume director.

The CRTC says these positions should be filled by humans, not artificial intelligence.

“Today's decision also recognizes the utility and potential benefits of artificial intelligence as a creative tool to help producers and creators, but we have also heard concerns about the use of AI,” Scott Shortliffe, CRTC vice president of broadcast, said at a press briefing Tuesday.

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The new definition allows works to receive bonus points for cultural elements, such as recognizable Canadian characters or settings, or stories based on Canadian publications.

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“What we're trying to do with this definition is broaden it so that more productions can be certified as Canadian,” Shortliffe said.

“In the long term, we hope this will encourage more collaboration, more money being put into Canadian productions, leading to more better-funded, high-quality, glossy Canadian productions, and ensuring that smaller films, documentaries and TV series continue to be received.”

Cancon's definition, which applies to both traditional media and online streaming services, was published after the regulator held a two-week public hearing on the issue earlier this year.

The decision is part of the CRTC's ongoing work to implement the Internet Streaming Act, which updates broadcast laws to take over online platforms like Netflix.

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It introduces new disclosure requirements for major streaming platforms, where the CRTC will publish each streamer's revenue and spending on Canadian content.

“Some online businesses have expressed concern that disclosure of data could impact their level of competitiveness in the marketplace,” the decision noted.

The regulator said it believed it was “unlikely that any harm caused by the disclosure of this data would outweigh the public interest, given the relatively large size of the online businesses whose information is intended to be made public and the associated large impact on the Canadian broadcasting system.”

Shortliffe said the regulator did not consider the requirement particularly onerous.

“Canadian companies have been forced to do this for a very long time,” he said.


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