Bill 109: Quebec Moves to Regulate Discoverability of French-Language Content on Digital Platforms

On May 21, 2025, Bill 109, An Act to affirm the cultural sovereignty of Québec and to enact the Act respecting the discoverability of French-language cultural content in the digital environment (Bill) was introduced in the Assemblée Nationale, the legislative body of Quebec.

Bill 109 stems from a 2024 public consultation on the discoverability of French-language content, carried out by the Minister of Culture and Communications of Quebec (Minister). If passed, it would enact the Act respecting the discoverability of French-language cultural content in the digital environment (Act), which aims to promote the discoverability of and access to original French-language audio and audiovisual content online.

Overview of Key Obligations

As currently drafted, the Act would broadly apply to digital platforms that offer online audio and audiovisual services, as well as to smart TV and connected device manufacturers. The following are five key elements contained in the Bill that would significantly impact platforms and manufacturers operating in Quebec:

1. Registration: Digital platforms that meet certain criteria (to be defined by forthcoming regulations) would be required to register with the Minister. The Minister would have broad powers to “require any document or information to determine whether a digital platform must register” and may register a platform directly, subject to a 30-day notice.
2. Default Language: Digital platforms and manufacturers would be required to ensure their user interfaces are in French by default, according to the terms and conditions to be determined by government regulation.
3. Content Quotas: The Act would grant the Quebec provincial government the authority to enact regulations specifying the required quantity or proportion of original French-language cultural content and content available in French that digital platforms must offer. It would also empower the government to establish criteria for what qualifies as original French-language cultural content.
4. Discoverability Obligations: The government would have broad powers to make regulations respecting the discoverability of French-language content, including in relation to content recommendation, promotion or display. Digital platforms and manufacturers would also be required to provide access to certain platforms that satisfy government-set criteria for the presence and discoverability of original French-language content.
5. Enforcement: The Minister would have broad enforcement powers, including the authority to conduct inspections and investigations, order-making powers and the ability to issue administrative monetary penalties. Notably, the Minister would also be empowered to enter into an agreement with a digital platform respecting “substitute measures” for obligations under the Act that “enable the achievement of the objectives of this Act in a manner that is at least equivalent.” While the criteria for these substitute measures would be set out in regulations, the Minister has commented that investing in Quebec productions could be a substitute measure, among other alternatives.

Additional Considerations

The Bill is grounded in the preservation and promotion of the French language and Quebec’s culture. In addition to enacting the Act, it would amend Quebec’s Charter of Human Rights and Freedoms (Quebec Charter) to enshrine a new right to “discoverability of and access to original French-language cultural content.” Those whose Quebec Charter rights are interfered with may be entitled to cessation of the interference and to damages, including, in certain cases, punitive damages.

Broadcasting in Canada has traditionally been governed by federal law, namely the Broadcasting Act, which was amended in 2023 by the Online Streaming Act (formerly Bill C-11) to explicitly regulate online streaming services. For more information, please see our Blakes Bulletin: Parliament Enacts Bill C-11 to Amend Canada’s Broadcasting Act. The Canadian Radio-television and Telecommunications Commission (CRTC), Canada’s federal broadcasting regulator, is actively implementing the Online Streaming Act through a number of public consultations, including some which directly relate to the promotion and discoverability of Canadian content.

While the Government of Quebec is taking the position that it has the authority to regulate culture and French-language content within the province, there is no clear judicial precedent affirming that this extends to digital streaming platforms, raising questions about the Bill’s constitutionality. If passed, any obligations flowing from the Bill would apply in Quebec only; however, streaming companies operating across Canada would need to consider the compliance requirements of both the federal and provincial regimes.

Next Steps

The Bill is still in its early stages and must undergo committee consultations and additional readings before it becomes law. The current session of the Assemblée Nationale is scheduled to end on Friday, June 6, 2025, and will not resume until mid-September, which may delay the Bill’s progress. However, the Minister has stated in the media that the Bill has received unanimous support so far, and since Quebec’s provincial government currently holds a majority, the Bill may not face significant opposition. If passed, the government has stated that it intends to introduce regulations that would clarify many important aspects of the Act’s scope and obligations.

For more information, please contact the authors or any other member of our Technology or Communications groups.