Quebec Pushes for Constitutional Amendment to Protect French Culture in Digital Age
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Efforts to bolster the presence of French-language content online are gaining momentum in Quebec, with calls for a significant amendment to the Canadian Constitution.
Quebec City – The French Language Commissioner, Benoît Dubreuil, is urging the provincial government to strengthen protections for Quebec’s culture and language by amending the Constitutional Act of 1867. This move comes as lawmakers debate Bill 109, legislation designed to increase the accessibility of French content on major digital platforms like Netflix and Spotify. Dubreuil suggests mirroring a previous constitutional change enacted by Justice Minister Simon Jolin-Barrette, which affirmed Quebecers as a nation and French as the sole official language of the province.
Dubreuil’s recommendation, presented Tuesday in a brief to the National Assembly, proposes inserting language into the foundational Canadian document stating that “Quebec culture, of which the French language is the main vehicle, is the common culture of Quebec” and that the “State of Quebec takes measures to ensure its sustainability, vitality and sharing.” He argues this would solidify the province’s commitment to its cultural identity.
“The government of Quebec should take advantage of the bill on discoverability to affirm this fact in the Constitutional Act of 1867,” Dubreuil explained in his brief, referencing the precedent set by the 2022 Act respecting the official and common language of Quebec, French, spearheaded by Minister Jolin-Barrette. This earlier legislation successfully modified the Constitution to recognize Quebec’s unique linguistic and national character.
The timing of this push is also linked to the anticipated implementation of the Act on continuous online broadcasting – formerly Bill C-11 – at the federal level, according to Dubreuil.
Currently, Bill 109 does not regulate social media platforms. However, Dubreuil is advocating for the removal of this exemption. He believes the legislation should extend to “recommendation services,” encompassing the algorithms that curate content on homepages and through automatic scrolling features.
“According to the current wording, a platform could, by adding functionalities, transform into a social media and escape the law,” Dubreuil stated. “For this reason, the law must propose greater technological neutrality and target services or activities which are not likely to change.”
This concern is echoed by Véronique Guèvremont, a professor of law at Laval University. She argues that excluding social media platforms “generates discrimination from a commercial point of view,” given their significant role in the discoverability of French-language cultural content.
“The rules set out in trade agreements require that similar services and suppliers of similar services are subject to comparable conditions of competition,” Guèvremont told the parliamentary committee on Tuesday. She suggested that while certain activities might warrant exclusion from discoverability requirements, social media platforms should not be among them.
French Content Quotas and Enforcement
Introduced last May by Minister Mathieu Lacombe, Bill 109 aims to impose French content quotas on digital platforms operating within Quebec. The specific quantity or proportion of French-language content will be determined through future regulations. Non-compliance could result in fines of up to $15,000 per day.
The proposed legislation draws inspiration from the European Union, which already mandates that certain platforms broadcast at least 30% European content. Bill 109 also allows for companies to negotiate “alternative measures” with the government to avoid full compliance if necessary.
The bill defines discoverability as the ability for content to be found online amidst a vast digital landscape. To ensure enforcement, a Discoverability Office will be established within the Ministry of Culture, tasked with monitoring compliance, implementing regulations, and publishing a report every three years.
This legislative effort underscores Quebec’s ongoing commitment to preserving and promoting its unique cultural identity in an increasingly globalized digital world. The proposed constitutional amendment represents a bold step towards ensuring the long-term sustainability, vitality, and sharing of Quebec culture for generations to come.
