OTTAWA - The federal broadcast regulator is considering whether it should include a "cultural element" in its new definition of ´ºÉ«Ö±²¥ content.

The Public Interest Advocacy Centre said the ´ºÉ«Ö±²¥ Radio-television and Telecommunications Commission should instead stick to its current approach, which looks at whether ´ºÉ«Ö±²¥s are employed in key creative positions.

The consumers’ group pointed to the United Kingdom, noting it has a special institute to review and assess whether proposed cultural references in a production qualify as "sufficiently British."

"We view a potential ´ºÉ«Ö±²¥ application of this approach, or any other cultural elements test, where a small group of people would be attempting to objectively define what and who is culturally ´ºÉ«Ö±²¥, as being highly problematic," the advocacy centre said in a written copy of its opening statement.

It also warned that production companies could exploit ´ºÉ«Ö±²¥ stereotypes to get around any "cultural element" test.

"An American portrayal of how a ´ºÉ«Ö±²¥ character would speak or behave, for example, cannot be considered ´ºÉ«Ö±²¥ content," it said. "It is merely a representation of the American cultural view of Canada."

The CRTC has said that while it’s leaning away from including a cultural element in its content test, it's open to hearing other viewpoints during the two-week hearing.

The broadcast regulator has heard from others during the hearing who are in favour of including culture in the modernized definition of CanCon.

The ´ºÉ«Ö±²¥ Film Board, which appeared Friday, has argued that now is the time to include cultural elements in the definition of ´ºÉ«Ö±²¥ content.

It said in its prior written submission that not having a cultural element in the definition could result in harmful long-term consequences and risks erasing "what makes us who we are."

It pointed to cultural tests used in countries such as Australia, France, Italy and the U.K.

"These countries employ cultural elements alongside other criteria, such as nationality of key creative roles and ownership," the NFB said. It said those cultural elements include social or political relevance, how the way of life is depicted, and recognizable locations or figures, among others.

"Our national screen culture has long operated on a definition of 'CanCon' that has excluded cultural elements. This approach has contributed to ´ºÉ«Ö±²¥s’ inability to recognize when a story is of us," the NFB submission argues.

This report by ´ºÉ«Ö±²¥was first published May 20, 2024.

The ´ºÉ«Ö±²¥ Press. All rights reserved.

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