MindGeek Argues Adult Content Is Not ‘Uniquely Canadian,’ Seeks Exemption to New Online Streaming Bill

OTTAWA — MindGeek has petitioned the Canadian Radio-Television and Telecommunications Commission (CRTC) to be exempted from Canadian Content (CanCon) standards in Bill C-11, the Online Streaming Bill, claiming that adult content is not “uniquely Canadian.”

As XBIZ reported, in April parliament passed legislation requiring all digital streaming services accessible in Canada to pay to create and support Canadian content (CanCon). Bill C-11 also empowers the CRTC, the country’s broadcast regulator, to define what constitutes CanCon and to impose financial penalties on digital streamers that don’t meet its standards.

“For perhaps obvious reasons, explicit adult entertainment websites do not fall into the category of a Canadian cultural product warranting protection under the Broadcasting Act,” MindGeek wrote in its submission. “Although those in the adult entertainment industry are proud of the work they do, they would acknowledge that their content is not meant to contribute to the uniquely Canadian interests the Broadcasting Act is designed to protect.”

The company, which owns Pornhub along with several other tube sites, as well as studios including Brazzers, Reality Kings and Men.com, has asked that adult sites be granted the same C-11 exemption recently given to video game studios.

Heritage Minister Pablo Rodriguez, under whose authority the CRTC falls, recently gave policy direction to the Commission saying video games as well as user-generated content should be exempted from the bill.

In a separate submission, MindGeek parent company Ethical Capital Partners also requested that if adult content was not exempted from CanCon regulations, producers should have access to Commission funds “to support production of Canadian adult film,” the Globe & Mail reported.

While requirements have not yet been established as they apply to streaming platforms, CanCon on broadcast and cable television, as defined by a rigid points system, currently must comprise 30% of all programming in the country.