The continued proceedings on broadcasting market dynamics examined regulation of kids programming and the elimination of the Wholesale Code.

Kids need a balanced diet with a side of Cancon, argued children’s content advocates to the Canadian Radio-television and Telecommunications Commission (CRTC) on Thursday (June 19).

Representatives from the Youth Media Alliance (YMA) and Big Bad Boo Studios co-founder and president Shabnam Rezaei appeared in front of the Commission to discuss discoverability challenges of children’s and youth programming in a new regulatory framework. The discussion built on the previous testimonies on the crisis in children’s content in Canada due to reduced commissions and increased costs.

While there is more content for kids than ever, thanks in part to the proliferation of user-generated content on YouTube, YMA co-chair Athena Georgaklis (pictured) argued that there’s no longer the type of quality curation previous generations had watching trusted linear channels. Rezaei equated the situation to “Health Canada allowing pharmaceutical companies to sell drugs without testing them or [having] any oversight.”

Rezaei compared educationally-focused Big Bad Boo programs such as 16 Hudson – which shows its Iranian-Canadian and Chinese-Canadian lead characters celebrating their cultures – and kid-friendly legal show Judge Johdi to “broccoli” in a world where “we allow kids unlimited free candy for breakfast, lunch and dinner” with “age-inappropriate” content on platforms like YouTube featuring toy hauls and pranks.

“Would I let a four-year-old run around the house, picking their own food, deciding when they want to eat? Children need guidance,” said Rezaei. “They’re at a developmental stage in their lives where they need adult help and regulation.”

In its written submission, the YMA recommended traditional and online platforms be required to program a minimum 15% of Canadian children’s content, or incentivize the commissioning of kids content by allowing “responsible advertising” around kids content to increase revenue for broadcasters. The organization also called for online platforms to prioritize Canadian children’s content in its interface and algorithm.

Georgaklis told commissioners that the kids and parents of today have less awareness of Canadian brands such as TVO and CBC Kids in an online environment. Requiring platforms like Prime Video or Apple TV to carry those channels would have an immense impact on their discoverability. “We want kids to learn what it is to have Canadian content in front of them,” she said.

Rezaei suggested that upping discoverability is a matter of using the right metadata, tagging programs with key terms such as educational or Canadian content to make them more searchable on streaming platforms. Then the Commission can require platforms to label such content prominently, akin to a maple leaf stamp of approval.

Eliminating the Wholesale Code

Earlier in the day, Quebecor Media presented its proposals to commissioners, including a recommendation to cut the Wholesale Code, which governs commercial arrangements between BDUs and other parties to ensure diverse volumes of programming for Canadian consumers.

Peggy Tabet, Quebecor’s VP of regulatory affairs, argued that the Code represents an overregulation of the broadcasting system that does not reflect current market realities. She said amending or adding new terms to the Code would be counterproductive.

Regulatory affairs director Frédérique Couette added that the existing mechanisms under the undue preference or disadvantage conflict resolutions would suffice in setting terms for negotiations.

To that end, Couette said the Commission should limit the standstill rule – which delays broadcasters from altering any programming subject to ongoing disputes – to 90 days, arguing that it will force faster decision-making. The current standstill rule is put in place until a dispute is resolved, leading to prolonged periods of use in the case of delays.

In its submission, Quebecor Media also suggested that a fund for 9.1(1)(h) services should be solely financed through foreign-owned online undertakings to reduce financial strain on BDUs, while maintaining carriage of those services. In its proposal on Wednesday (June 18), Bell suggested a fund for must-carry channels would include contributions from both BDUs and foreign-owned streamers.

The hearing continues on Friday (June 20) with appearances from Corus Entertainment, Rogers Communications and Spotify.