Bill C-11 is not okay for Fediverse instances
Bill C-11 is not okay if you want to continue having people host fedi instances. The person hosting the instance is the provider of it (even when they use a non-admin account), as they literally provide the service. A program is basically everything thats not just text. A gif is a program. A video surely is. Custom gif emojis are a program. Yes the CRTC will not go after fedi instances (or will they?), but this should not be up to the executive branch, it should be sound legislation in the first place. But judge the wording and scope for yourself.
Version of the third Reading (June 21, 2022), https://www.parl.ca/DocumentViewer/en/44-1/bill/C-11/third-reading
(emphases by me)
(2.1) A person who uses a social media service to upload programs for transmission over the Internet and reception by other users of the service — and who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — does not, by the fact of that use, carry on a broadcasting undertaking for the purposes of this Act.
(2.2) An online undertaking that provides a social media service does not, for the purposes of this Act, exercise programming control over programs uploaded by a user of the service who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them.
(2.3) A person does not carry on an online undertaking for the purposes of this Act in respect of a transmission of programs over the Internet (a) that is ancillary to a business not primarily engaged in the transmission of programs to the public and that is intended to provide clients with information or services directly related to that business; (b) that is part of the operations of a primary or secondary school, a college, university or other institution of higher learning, a public library or a museum; or © that is part of the operations of a theatre, concert hall or other venue for the presentation of live performing arts.
4.1 (1) This Act does not apply in respect of a program1 that is uploaded to an online undertaking that provides a social media service by a user of the service for transmission over the Internet and reception by other users of the service.
(2) Despite subsection (1), this Act applies in respect of a program that is uploaded as described in that subsection if the program (a) is uploaded to the social media service by the provider of the service or the provider’s affiliate, or by the agent or mandatary of either of them; or (b) is prescribed by regulations made under section 4.2.
In current Broadcasting Act:
2 (1) Definitions - program: means sounds or visual images, or a combination of sounds and visual images, that are intended to inform, enlighten or entertain, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text. ↩