The Minister of Culture and Communications submitted Bill n°109, An Act to affirm the cultural sovereignty of Québec and to enact the Act respecting the discoverability of French-language cultural content in the digital environment (the “Bill”).
The Bill seeks to promote the discoverability of and access to original French-language cultural content in the digital environment. The Bill would modify the Charter of human rights and freedoms (the “Charter”) by adding section 42.1 establishing the right to the “discoverability of and access to original French-language cultural content” and enacts the Act respecting the discoverability of French-language cultural content in the digital environment (the “Act”).
Charter modifications
The Bill would modify the Charter by adding section 42.1 establishing the right to the “discoverability of and access to original French-language cultural content”.
Digital platforms and manufacturers subject to the Act
As currently drafted, the Act would broadly apply to digital platforms that offer online audio and audiovisual services, as well as to smart TV and connected device manufacturers.
The Act would apply to digital platforms that:
- offer a service for viewing audiovisual content online
- offer a service for listening to music;
- offer a service for audiobooks or podcasts online;
- provide access to such a service offered by a third-party platform; and
- offer services enabling access to online cultural content determined by government regulation.
The Act would apply to manufacturers:
- of television sets or of devices intended to be connected to a television set that include an interface enabling viewing of audiovisual content online;
- that provide access to online audiovisual content viewing services; and
- of devices that include an interface enabling access to online cultural content determined by government regulation.
Social media and digital platforms whose main purpose is to offer Indigenous content would not be subject to the Act.
Details to be in future regulation
Numerous details regarding the scope of the Act, the obligations it imposes, and the platforms and manufacturers subject to its provisions would be set out in a future regulation, including:
- the criteria for determining what constitutes cultural content originally expressed in French;
- the quantity or proportion of cultural content in the original French language or content available in a French version that must be offered by digital platforms;
- the quantity or proportion of cultural content in French that is accessible to persons with disabilities or content accessible to persons with disabilities available in a French version that must be offered by digital platforms;
- content discoverability obligations; and
- metadata standards applicable to cultural content originally expressed in French and content available in a French version.
Registration required
Any digital platform that meets the criteria to be established by regulation would be required to register with the Minister of Culture and Communications.
French by default
Digital platforms and manufacturers subject to the Act would be required to ensure that, by default, the interface of the digital platform, television, or device used to access online cultural content is in French.
Presence and discoverability of cultural content originally expressed in French
Digital platforms that provide access to services offered by a third-party digital platform and manufacturers covered by the Act would be required to ensure that the interface provides access to digital platforms that meet the criteria for presence and discoverability of cultural content originally expressed in French.
The conditions and terms of access, as well as the criteria for presence and discoverability, would also be set by regulation.
Interfaces must provide access to prescribed platforms
A manufacturer of televisions or devices intended to be connected to a television that include an interface for viewing online audiovisual content would be required to ensure that the interface provides access to the viewing platforms specified by regulation.
The terms and conditions of access to the platforms would also be specified by regulation.
Prohibited financial considerations
The Bill specifies that a manufacturer may not receive financial compensation from digital platforms for complying with the obligations set out in sections 16 to 18 of the Act.
Special agreements with the Minister
The Minister could enter into an agreement with a digital platform to provide for alternative measures to the obligations set out in the Act or in future regulations. The agreement would have to be approved by the government and is valid for a maximum period of five years.
Creation of the Office for the Discoverability of Cultural Content
The Bill would establish the Cultural Content Discoverability Office within the Ministry of Culture and Communications, which is responsible for ensuring compliance with the Act, the Regulations, and agreements entered into in accordance with the Bill. The Office also has investigative powers.
Enforcement powers include orders, penalties and fines
The Minister could order a digital platform or a manufacturer subject to the Act to take any measures he considers necessary in the event of a failure by the platform or manufacturer.
In the event of a breach, the Bill provides for administrative monetary penalties of $2,500 for an individual and $15,000 for a legal person.
A person who provides information that they know to be inaccurate or false to the Minister or the Office, or who obstructs their inspection or investigation, would be liable to a fine of $2,500 to $25,000 for an individual and $15,000 to $150,000 for a legal person.
Finally, a natural person who contravenes an order of the Minister would be liable to a fine of $5,000 to $50,000, while a legal person would be liable to a fine of $30,000 to $300,000 for such a contravention.
The Bill is currently before the National Assembly, which is in recess until September 2025.
Pending a final bill, digital platforms and manufacturers potentially subject to the Act should closely monitor legislative developments that may impact their distribution of original French-language cultural content.
For more information on this topic, please contact Alexandra Quigley or other members of the Dentons Privacy and Cybersecurity group.
