Lori Massini, general counsel at Thunderbird Entertainment and a board member of "Producing for the Planet," stands at the forefront of a significant shift in the Canadian film and television industry. As studios and production companies strive to reduce their environmental impact, they face a complex array of legal challenges that require a deeper understanding of both the industry and evolving regulations.
The drive towards sustainability is no longer just a matter of corporate social responsibility; it’s becoming a legal obligation.
“Sustainability is a growing concern in the motion picture and television industry,” Massini says. “Studios and productions are pursuing emission reductions, and we’re seeing environmental initiatives show up in new places like talent deals, in the form of ‘green riders,’ in financing contracts as well as in government regulations and studio policies.”
Producing for the Planet is a coalition of Canadian independent media producers committed to acting on climate change.
Massini points out that the Canadian market is already seeing some broadcasters and funders introduce mandatory carbon footprints and sustainability plans for productions, although Canada remains far behind other jurisdictions like the UK and Europe.
“I can only imagine that this will increase,” she says, highlighting the growing expectations placed on producers. Larger companies, particularly publicly traded ones like Thunderbird Entertainment, are preparing for more stringent sustainability disclosure regulations, which are gaining momentum globally.
In the US, the SEC is considering mandatory sustainability disclosures, while in Canada the Canadian Securities Administrators are moving in a similar direction.
“There’s a bill, Bill C-59, also called the greenwashing bill, which is a super important development for us,” Massini adds. This legislation, which took effect in June 2024, amends the Competition Act to target misleading environmental claims or greenwashing. It places the burden of proof on companies to substantiate their environmental benefit claims, ensuring that they are not just paying lip service to sustainability but are genuinely committed to it.
The rapid pace of change in sustainability regulations presents significant challenges for producers.
“Most producers aren’t really sustainability experts, and there’s also massive technological transformations going on,” Massini explains. “At Producing for the Planet and at Thunderbird, we believe that there’s a very urgent need for awareness and skills development for producers and the entire industry, and for us to grapple with and understand the environmental impacts of technological disruptors like AI.”
Transportation is one of the most significant sustainability challenges for the film and television industry. Moving actors, crew, and equipment across locations often account for most of a production’s carbon emissions.
“I think that the first step is understanding what the impact is and gathering the info and reporting and cataloguing it,” Massini says. Historically, the industry has been notoriously wasteful, and only recently have companies begun to take stock of their environmental footprint.
“Companies now are being forced to reckon with that and to understand their impact on the environment and start reporting and start making meaningful changes,” Massini adds.
However, Massini also recognizes that not all aspects of production can be easily transformed. Some production activities, particularly those tied to specific locations, present inherent challenges.
“There are certain things that you can’t really change yet, the technology and infrastructure we need aren’t there yet,” she says, though she remains optimistic about the potential for future advancements.
Massini’s insights reflect a broader trend within the legal and production fields, where sustainability is becoming increasingly intertwined with business practices. This trend is not unique to Thunderbird Entertainment but is evident across various sectors. For instance, at Hyundai Canada, the shift towards electric vehicles (EVs) and the associated regulatory challenges have required the company to rethink its approach to both production and legal compliance. As Hyundai’s General Counsel David Badurina explains, the transition to EV production involves significant legal and logistical hurdles, from retooling factories to expanding charging infrastructure. Similarly, Volkswagen’s commitment to sustainability is reflected in its holistic approach to environmental, social, and governance (ESG) goals, which include ambitious targets for reducing the carbon footprint of its vehicles.
In the entertainment industry, the intersection of sustainability and law is particularly complex. Rapid digital transformation, artificial intelligence, and the rise of streaming services have already disrupted traditional business models, and now, the push for greener production practices is adding another layer of complexity. As Massini suggests, navigating this evolving landscape will require not only legal acumen but also a deep understanding of the industry’s unique challenges.
“It’s such an evolving area, and I suspect that there will be big advancements going forward,” she says.