• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
  • EN | FR
Background Image
Bennett Jones Logo
  • People
  • Expertise
  • Knowledge
  • Search
  • FR Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Energy Infrastructure Mining Private Equity & Investment Funds View all
Advisory
Crisis & Risk Management Public Policy
View Client Work
International Experience
Insights News Events Subscribe
Arbitration Angle Artificial Intelligence Insights Business Law Talks Podcast Class Actions: Looking Forward Class Action Quick Takes
Economic Outlook New Energy Economy Series Private Equity Briefings Quarterly Fintech Insights Quarterly M&A Insights
Sustainability & the CIO
People
Offices
About
Practices
Industries
Advisory Services
Client Work
Insights
News
Events
Careers
Law Students
Alumni
Payments
Search
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 

A Made-in-Canada Digital Strategy

March 30, 2009

Written By Barry J. Reiter, Andrea L. Wood, Gary S.A. Solway

The recent announcement by federal Heritage Minister James Moore of the creation of the Canada Media Fund (CMF) is a welcome sign that the federal government recognizes the need to address the protection of Canadian culture in the Internet age. But much more will be required if Canada is to hold its ground as a leading player in the coming years. We need a comprehensive strategy to enhance Canadian competitiveness in the digital economy, a strategy that includes but extends beyond a consideration of the role the federal government might play in promoting Canadian culture.

The CMF is a step in the right direction. By combining the Canadian Television Fund and the Canada New Media Fund into one agency and giving that agency a mandate to ensure that quality content is made available on multiple platforms, the government is acknowledging the need to ensure that Canadians can find compelling Canadian programming on multiple platforms.

But will it actually result in the creation of the "cutting edge applications and content" Minister Moore has promised? Detailed guidelines for the CMF have yet to be drafted, but what appears to be the CMF's early focus on funding dramas, comedy and kids programming, together with the suggestion that television should be one of the platforms on which content financed by CMF is offered, suggests that the CMF may be less oriented toward incentivizing the creation of new forms of online content than making traditional Canadian "television" programming available across platforms. And it is difficult to see how combining the allocations of two existing programs will contribute to the creation of more new media content.

Traditional media are being challenged worldwide for a variety of reasons, including the flight of advertising revenue to online platforms. Other countries --Britain, France and the U. S., to name a few -- recognize this and are actively assessing how to remain competitive in the Internet age. Canada should be among those countries.

What could be some of the elements of a made-in-Canada digital strategy?

First, we need to ensure that content creators for both new and traditional media are able to benefit financially from the content they create while still ensuring that consumers are easily and legally able to access the entertainment and news they want. This means, among other things, finally passing amendments to the federal Copyright Act intended to make it more relevant in the digital age.

Second, we need to ensure that Internet-focused businesses of the future have the funding they need to grow. As a result of the current economic crisis, funding has virtually disappeared for early stage Internet technology and new media firms. The lack of early stage funding poses a very significant risk to Canada's future and should be addressed.

Third, the financial incentives that support the creation and promotion of Canadian culture need to be updated to reflect the fact that cultural expression is increasingly occurring online. The establishment of the CMF is a start, but should be supplemented with new funding more directly targeted at the creation and promotion of new forms of online content and applications and with updated guidelines for existing incentives.

Finally, we should consider the role to be played by public broadcasters and agencies in promoting Canadian content online, particularly but not exclusively in the area of news.

If we do not create the next Facebook, at least let's develop and implement an Internet strategy that will encourage Canadian creators to be among those contributing applications and other content for the next one. And let's find a way, while doing that, to ensure that distinctly Canadian voices do not disappear altogether from the media landscape.

Please note that this publication presents an overview of notable legal trends and related updates. It is intended for informational purposes and not as a replacement for detailed legal advice. If you need guidance tailored to your specific circumstances, please contact one of the authors to explore how we can help you navigate your legal needs.

For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com.

Key Contact

  • Gary S.A. Solway Gary S.A. Solway, Partner

Related Links

  • Insights
  • Media
  • Subscribe

Related Expertise

  • Technology, Media & Entertainment

Recent Posts

Articles

Climate Change Initiatives: Selected Recent Changes and the Application of Existing Tax Principles to Clean Energy—Part 2

July 21, 2025
       

Articles

Tariff Tensions: Managing Risk Through Carefully Drafted Construction Contracts

July 21, 2025
       

Speaking Engagements

Sabrina Bandali spoke at the 71 Annual Natural Resources

July 17, 2025
       

Client Work

Canada Infrastructure Bank Closes C$1 Billion Financing to Support Montréal-Trudeau Transformation

July 16, 2025
       

In The News

John Manley on the CBC News Network

July 11, 2025
       

Speaking Engagements

Rethinking Cyber Risk in the Age of AI: What Boards Need to Know

July 08, 2025
       

Announcements

Eighteen Bennett Jones Lawyers Ranked in Lexpert's Special Edition on Health Sciences

July 02, 2025
       

Client Work

Bennett Jones Acts for Canadian Pacific Kansas City Limited in Overturning C$228 Million Judgment

July 02, 2025
       

Announcements

Harinder Basra Appointed Calgary Managing Partner at Bennett Jones

July 01, 2025
       
Bennett Jones Centennial Footer
Bennett Jones Centennial Footer
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
Offices
  • Calgary
  • Edmonton
  • Montréal
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2025. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones