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Brigham Young University Prelaw Review

Keywords

Online Streaming Act, Freedom of Speech, Oakes Test, Canadian Constitution, Supreme Court of Canada, Charter of Rights and Freedoms, Streaming Services, Censorship

Abstract

In early 2023, the government of Canada passed the Online Streaming Act, formerly known as Bill C-11, extending federal influence over media to the more recently developed online streaming platforms. This legislation aims to further protect Canadian cultural identity by supporting the creation of “certified Canadian content” and increasing its discoverability on digital platforms. However, not only does the Online Streaming Act fail to accomplish its goal, but it also creates the possibility of unconstitutional infringement on Canadian freedoms in every part of the broadcasting process, from writer to audience.

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