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Google urges CRTC to use restraint with Online Streaming Act

OTTAWA — Google asked the federal broadcast regulator Wednesday to exercise caution and restraint in regulating online platforms. Representatives from Google, which owns YouTube, appeared before a CRTC hearing on market dynamics.
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Participants make their way through a Google booth and display at the APEC summit in Lima, Peru on Friday, Nov. 15, 2024. THE CANADIAN PRESS/Sean Kilpatrick

OTTAWA — Google asked the federal broadcast regulator Wednesday to exercise caution and restraint in regulating online platforms.

Representatives from Google, which owns YouTube, appeared before a CRTC hearing on market dynamics. It's one of a series of hearings being held as part of the regulator’s work to implement the Online Streaming Act, which updated broadcasting laws to capture online platforms.

Arun Krishnamurti, senior counsel at Google Canada, said most content made available on social media platforms is already exempted from regulation under the Online Streaming Act.

But the company is pushing back against the prospect of mandatory data-sharing. The CRTC has said it wants to collect data on revenues and programming expenditures from both traditional and online players, and make that information public.

Google is arguing the proposal raises privacy and confidentiality concerns and could disrupt the market in unintended ways.

It's also taking issue with the application of "undue preference" rules on online platforms.

Those rules state that a CRTC-licensed entity can't give itself or another party an undue disadvantage or advantage. That means, for example, that a cable company that also owns a broadcasting division can't give its own channels an unfair advantage.

Krishnamurti said undue preference rules were designed for traditional players that own both telecom and broadcasting divisions. That includes companies like Bell and Rogers, broadcasters that own TV channels but also sell cable and satellite TV subscriptions.

"Google urges the commission to exercise caution and restraint," he said.

"There's simply no rationale for transposing these regulatory tools onto online undertakings. It would be highly inappropriate for open platforms like YouTube, in particular."

CRTC commissioner Bram Abramson pushed back on that argument as he questioned the Google representatives. He said the concept of undue preference goes back to railways and is also used in telecom regulation.

Krishnamurti said Google’s platforms don’t prevent anyone from uploading content.

"Those rules around undue preference were particularly designed for where … there was choice being made, where services were being kept out of view of users and viewers," he argued.

Abramson responded: "I would have thought if there's a rule saying don't colour outside the lines and somebody says, well, we don't need that rule because we always colour inside the lines, that there'd be a pretty good fit between those two."

Abramson also asked the Google representatives if they would still have an issue with sharing data, such as information on finances and audience size, if concerns about personal and commercially-sensitive data could be addressed. He noted that request was put forward during the hearing by those who make programming content.

"I think we still have significant concerns for a variety of reasons," responded Krishnamurti.

"It's not clear where the commission's authority to require the disclosure of that information to a commercial partner emerges from."

Both traditional and online players are appearing at the hearing. Last week, music streamer Spotify said the CRTC shouldn’t impose rules meant for radio on streaming services. Bell and Rogers called on the CRTC to loosen existing rules for traditional players, taking aim at regulations governing how cable channels must be packaged and disputes about carriage of cable channels.

The CRTC is scheduled to hear from Apple on Thursday, while Amazon is set to appear next week.

Spotify, Amazon and Apple are fighting in court an earlier order requiring streamers to make CRTC-ordered financial contributions to Canadian content and news.

This report by The Canadian Press was first published June 25, 2025.

Anja Karadeglija, The Canadian Press