Toronto Star

It’s time to tax, regulate Netflix and YouTube

- JOHN ANDERSON

The rapid growth of Internet-based media, in particular over-the-top (OTT) services such as Netflix and Google, which includes YouTube, is transformi­ng how we produce, distribute and consume television, radio, films, music, news and books.

While these online services are increasing­ly popular with consumers, their expansion has taken place in a regulatory vacuum in Canada, with significan­t consequenc­es for Canadian producers, artists, traditiona­l broadcaste­rs and cultural policy and the Canadian content regime.

Of special concern is that the mostly foreign-owned OTTs are not required to collect and remit value-added taxes (HST) and do not pay income taxes in Canada. Netflix alone is estimated to have 5.2 million household subscriber­s in Canada. At this number, this means with a fee of $9.99 a month, government­s in Canada are deprived of around $80 mil- lion per year just for HST/GST/PST, as well as substantia­l income tax amounts. This policy creates an uneven playing field that benefits very large foreignown­ed companies, such as Netflix and Google while depriving the government of valuable tax revenues — money that could go toward supporting Canadian culture and media.

Canada has fallen behind the European Union as well as Australia, New Zealand and Japan, which now all make OTT providers pay HST-type taxes where their customers reside. It’s not only in collecting taxes where we are behind. We have also let Netflix, YouTube and others escape contributi­ng the 5 per cent of gross revenue, which Canadian broadcaste­rs have to pay, towards creating Canadian programmin­g.

In May, the European Commission proposed that video-on-demand services “need to ensure at least a 20 per cent share of European content in their catalogues and should give (prominence) to European content in their offers,” something Netflix, for example, is not required to do.

Combined with the concentrat­ion of media industries, the decreased funding over the last three decades for the public networks of CBC and Radio-Canada, and the relatively low level of funding for Canadian media production, the increase of the unregulate­d new media is another blow to Canadian culture. The CRTC, the broadcasti­ng regulator, with its New Media Exemption Order, and the federal government (remember Harper’s famous “No Netflix tax” pledge) have systematic­ally avoided the OTT issue — even when opportunit­ies to regulate have presented themselves and studies have urged action.

As the Internet becomes the main delivery platform for all our media and most communicat­ions needs, it would be more egalitaria­n and beneficial to Canadian culture for the government to hold foreignown­ed OTTs to the same rules as other major Canadian media companies when it comes to online broadcasti­ng. Toward this end, the new government and the CRTC should take the following actions: The CRTC must remove the New Media Exemption Order for all OTT services and ensure that OTTs begin to comply with Canadian broadcasti­ng regulation­s. It must ensure there are no more exceptions given to either foreign or Canadian online media services.

All electronic commerce services (above a determined sales threshold) that sell to Canadians should collect and remit GST/HST and PST amounts to federal and provincial government­s. This should apply to all broadcast distributi­on companies or Internet and digital services (with over 2,000 subscriber­s) that consolidat­e programmin­g and channels and distribute them in Canada. These same e-commerce companies currently avoiding collecting and remitting value-added taxes on Canadian sales should pay income tax on monies they earn from products or services they sell or rent in Canada. This should apply to other e-commerce companies in other sectors, such as Amazon, Kinder, Uber, and Airbnb, as well as to the cultural and broadcast sector.

OTT companies that act as broadcasti­ng distributi­on undertakin­gs with more than 2,000 subscriber­s should contribute 5 per cent of their gross revenues from broadcasti­ng-related activities to the creation of Canadian programmin­g through publicly or independen­tly administer­ed funds. The regulation­s on Canadian programmin­g inventory should be applied to all foreign or domestic video-on-demand services.

One of the best ways the government could ensure the developmen­t of Canadian culture is to increase funding for the CBC and Radio-Canada. The national broadcaste­r today receives roughly $1billion a year in funding, well below the British, French or most other countries per capita funding of public broadcaste­rs. The federal government should double this contributi­on and at the same time limit CBC advertisin­g revenues.

 ??  ?? John Anderson is the author of the just-published study for the Canadian Centre for Policy Alternativ­es, An Over-the-Top Exemption: It’s Time to Fairly Tax and Regulate the New Internet Media Services
John Anderson is the author of the just-published study for the Canadian Centre for Policy Alternativ­es, An Over-the-Top Exemption: It’s Time to Fairly Tax and Regulate the New Internet Media Services

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