Quebec Passes Bill 109 To Regulate Discoverability Of French-Language Cultural Content

On December 12, 2025, the National Assembly of Quebec passed 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 (the "Act"). The Act aims to promote discoverability of and access to original French-language cultural content in the digital environment. This bulletin outlines the key aspects of this new legislation.

Registration of Digital Platforms

The Act applies to (i) digital platforms that offer "a service for viewing audiovisual content online or listening to music or other audio content online" or that provide access to such services offered by third parties ("digital platforms") as well as (ii) manufacturers of smart televisions and devices intended to be connected to television sets that enable viewing of online audiovisual content ("manufacturers"). The scope of digital platforms and manufacturers may be expanded by regulation to other platforms and devices that enable access to online cultural content.

Those digital platforms meeting the criteria that will be set out in the regulations will have to register with the Minister, who may set specific terms and conditions for registration. The Minister can request documents or information to assess if a platform needs to register. If the Minister is of the opinion that a digital platform must register, the Minister must notify the platform of this opinion and give it 30 days to submit any observations. Following this process, the Minister will review and decide on registration. A public register will be maintained with details on platform information and services.

French Interface

The Act requires that digital platforms and manufacturers of television sets or of devices intended to be connected to a television set that include an interface enabling viewing of audiovisual content online ensure that the interface of the digital platforms, television sets, and related devices may be easily configured in French, in accordance with terms and conditions to be set by regulation.

Regulations

Pursuant to regulations the government of Quebec will be able to, among other things:

• establish criteria for determining what constitutes original French-language cultural content;
• establish the quantity or proportion of original French-language cultural content offered by digital platforms; and
• determine obligations with respect to discoverability of content, including recommendation, promotion or display.

Substitute Measures

The Minister may enter into agreements with individual digital platforms to establish substitute measures that enable the achievement of the objectives of the Act in a manner that is at least equivalent to the obligations being substituted.

Charter of Human Rights and Freedoms

The Act also amends Quebec's Charter of Human Rights and Freedoms to include a right to discoverability of and access to original French-language cultural content.

Enforcement

The Minister has broad enforcement powers including ordering a platform to take measures where a digital platform is failing to comply with its obligations under the Act, the ability to conduct inspections and investigations, as well as the ability to implement monetary administrative penalties.

Additionally, there are penal provisions including fines, ranging from 5,000 to $50,000 for an individual and $30,000 to $300,000 for a company, for anyone who contravenes an order of the Minister.

Going Forward

The next steps will be for the government to create the Bureau de law Découvrabilité des Contenus Culturels to oversee and enforce compliance with the Act. The government will also need to issue draft and final regulations that will prescribe the detailed requirements under the Act before the Act is proclaimed in force.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.