Latest Posts

Radio local, Dawson City, Yukón, Canadá, 2017-08-27, DD 64.jpg by Diego Delso, CC BY-SA 4.0 , via Wikimedia Commons

Money for Nothing: Government Quietly Expands Bill C-18 Eligibility to Broadcasters That May Not Even Produce News Content

Later today, the Canadian Heritage committee will continue its clause-by-clause review of Bill C-18, the Online News Act. The committee is virtually certain to expand the eligibility of news outlets, responding to concerns that the current criteria may exclude smaller, independent outlets from benefiting from the bill’s mandatory payment/arbitration system. However, earlier this week, just as the committee was hearing that the bill covers quotes with links to news content by users in Facebook posts, it quietly expanded the scope of the definition of “eligible news business” in a manner that opened the eligibility door to some organizations that may not even produce news content. As a result, the bill faces another potential trade challenge as it evolves into a straight subsidy model in which the bulk of the payments go from Internet companies to Canadian broadcasters with little regard for value or any notion of actually use of news content.

Read more ›

December 2, 2022 3 comments News
USTR and Canada Readouts, November 30, 2022, https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/november/readout-ambassador-katherine-tais-meeting-canadas-minister-international-trade-export-promotion, https://www.canada.ca/en/global-affairs/news/2022/11/minister-ng-meets-united-states-trade-representative-katherine-tai.html

A Tale of Two Readouts: U.S. Escalates Trade Concerns With Canadian Digital Policy as Canada Seeks To Downplay the Issue

Canadian International Trade Minister Mary Ng and U.S. Trade Representative Katherine Tai met yesterday to discuss Canada-U.S. Trade issues and concerns regarding Canada’s digital policy – most notably a proposed digital sales tax and Bills C-11 and C-18 – continue to mount. The U.S. raised digital policy concern over the summer, specifically citing Bill C-11 with a reference to “pending legislation in the Canadian Parliament that could impact digital streaming services.” The latest readout suggests that the concerns are growing, as the U.S. now cites both Bills C-11 and C-18 by raising “pending legislation in the Canadian Parliament that could impact digital streaming services and online news sharing and discriminate against U.S. businesses.”

Read more ›

December 1, 2022 2 comments News
freedom of expression is your right by Rachel Hinman https://flic.kr/p/6J5ATQ (CC BY 2.0)

Freedom of Expression for a Price: Government Confirms Bill C-18 Requires Platform Payment for User Posts That Include News Quotes and Hyperlinks

The longstanding debate over whether Bill C-18, the Online News Act, requires payment for linking came to an end yesterday. Government officials admitted that even basic quotes from news articles that include a hyperlink to the original source would scope user posts into the law and require platforms such as Google and Facebook to negotiate payment for the links. As noted below, even that position may understate the impact of the bill, which appears to also cover a user post of a news quote without a link. In other words, merely quoting a few sentences from a news article on an Internet platform is treated as making news content available, which triggers a requirement for the platforms to negotiate payment. This position runs counter to Canada’s copyright obligations under the Berne Convention and has no place in a country committed to freedom of expression. 

Read more ›

November 30, 2022 4 comments News
Roger H. Goun from Brentwood, NH, USA, CC BY 2.0 , via Wikimedia Commons https://commons.wikimedia.org/wiki/File:Reporter%27s_notebook_(2330323726).jpg

Who Is the Government Really Backing With Bill C-18?: Rejected Online News Outlet Amendment Tells the Story

Last week, I wrote about Liberal MP Lisa Hepfner’s comments at the Heritage committee study into Bill C-18, as she dismissed a proposed Conservative amendment by offering a misleading take on CRTC regulation of the news and stating that online news outlets are “not news.They’re not gathering news. They’re publishing opinion only.” Those comments unsurprisingly sparked anger from many online news outlets, leading to an apology from Hepfner in which she said that Bill C-18 will support digital journalists in their work. Yet a day later, the committee was back at clause-by-clause review and while Hepfner remained silent, her colleagues voted down an amendment proposed by online news services which re-affirms that action speaks louder than words. 

Read more ›

November 29, 2022 2 comments News
The Moral Compass of Artificial Intelligence by World Economic Forum / Faruk Pinjo (CC BY-NC-SA 2.0) https://flic.kr/p/TKHrQT

The Law Bytes Podcast, Episode 148: Christelle Tessono on Bringing a Human Rights Lens to AI Regulation in Bill C-27

Bill C-27, the government’s privacy and artificial intelligence bill is slowly making its way through the Parliamentary process. One of the emerging issues has been the mounting opposition to the AI portion of the bill, including a recent NDP motion to divide the bill for voting purposes, separating the privacy and AI portions. In fact, several studies have been released which place the spotlight on the concerns with the government’s plan for AI regulation, which is widely viewed as vague and ineffective. Christelle Tessono is a tech policy researcher based at Princeton University’s Center for Information Technology Policy (CITP). She was one of several authors of a joint report on the AI bill which brought together researchers from the Cybersecure Policy Exchange at Toronto Metropolitan University, McGill University’s Centre for Media, Technology and Democracy, and the Center for Information Technology Policy at Princeton University. Christelle joins the Law Bytes podcast to talk about the report and what she thinks needs to change in Bill C-27.

Read more ›

November 28, 2022 1 comment Podcasts