Archive for October, 2022

[explore] Facebook Notebook by Iker Merodio (CC BY-NC-ND 2.0) https://flic.kr/p/2341zX3

Why the Real Bill C-18 Threat is Bill C-18

Facebook is a hard company to support. Earlier this week, I attended an excellent talk with Frances Haugen, the well-known Facebook whistleblower, who delivered a compelling case that the social media giant, driven by profit maximization, consistently errs on the side of technical choices that keeps users engaged, angry, and on the platform, often at an enormous societal cost. Haugen identified numerous harms associated with the company’s practices – privacy, the impact on children, misinformation, and algorithmic settings that often inflame rather than educate – and emphasized that there was a need to address these concerns through better regulation (notably transparency and privacy rules).

Haugen’s talk came to mind yesterday as Facebook released a blog post confirming that it had not been invited to appear before the Canadian Heritage committee studying Bill C-18, outlining its concerns, and making it clear that it was starting to think about the prospect of blocking news sharing in Canada:

faced with adverse legislation that is based on false assumptions that defy the logic of how Facebook works, we feel it is important to be transparent about the possibility that we may be forced to consider whether we continue to allow the sharing of news content in Canada. 

There will be much effort by the government and media lobby groups to paint Facebook as engaging in threatening tactics. These should be rejected because while there is a desperate need for legislative reforms to address some of Facebook’s harms, the harms from Bill C-18 also deserve attention. In the context of the bill, the real threat is not Facebook but a legislative process that has undermined democratic norms by blocking dozens of witnesses, threatening the free flow of information by payment for links, and rewarding some of Canada’s wealthiest companies such as Bell and leaving small media companies ineligible.

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October 22, 2022 4 comments News
Closed by Geoffrey Meyer-van Voorthuijsen https://flic.kr/p/edpuJ2 (CC BY-NC 2.0)

Government Moves to Block Dozens of Potential Witnesses as it Shuts Down Bill C-18 Hearings

Earlier this year, the government deployed disturbing anti-democratic tactics by repeatedly cutting off debate on Bill C-11 in both the House of Commons and during clause-by-clause review of the bill.  As a result, MPs rushed to vote on over 150 amendments, most without public disclosure of what was even being voted on. That approach rightly sparked anger and has even led supporters of Bill C-11 to ask the Senate to remedy unexpected amendments that were not subject to any public debate. As bad as that was, later today the government will arguably engage in an even more problematic tactic, as it moves to block dozens of potential witnesses from presenting their views on the Online News Act (Bill C-18).

Minutes after Canadian Heritage Pablo Rodriguez answers committee questions on the bill for the very first time this afternoon, the government – backed by the NDP – is expected to shut down further witnesses at the Bill C-18 hearings and move directly to clause-by-clause review. As a result, dozens of stakeholders and experts will be blocked from giving testimony to the Heritage committee. For a government that once prided itself on consultation, the decision to block further committee testimony is a remarkable abdication of the principles of a consultative, inclusive approach to legislative development.

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October 21, 2022 8 comments News
Support Small Business by Photo by Eva Bronzini from Pexels: https://www.pexels.com/photo/support-small-business-text-on-paper-7661188/

Small Business Weak: Why Bills C-11 and C-18 Undermine the Government’s Claims of Small Business Support

As anyone watching the House of Commons this week knows, it is Small Business Week. Each day, Liberal MPs have stood in the House to proclaim their support for small business. The speeches are supplemented by tweets, such as this one by Canadian Heritage Minister Pablo Rodriguez. The professed admiration for small business came to mind last night during a spectacular Senate hearing on Bill C-11 featuring Jennifer Valentyne, Stewart Reynolds (aka Brittlestar), and Darcy Michael. The three witnesses, who were bursting with energy and confidence, came with simple message: fix Bill C-11 by keeping the government and CRTC away from the platform algorithms. It is a message that Rodriguez has ignored for months, despite the fact that these are precisely the creators one would think the Minister of Canadian Heritage would want to support.

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October 20, 2022 3 comments News
CTV by Naila Jinnah (CC BY-NC 2.0) https://flic.kr/p/82kRGU

Broadcast Bonanza: PBO Says Bill C-18 Would Give a Quarter Billion to Broadcasters Such as Bell and the CBC, Less Than 25% of Payments to Canadian Newspapers

As the witness portion of the Canadian Heritage committee hearing into the Online News Act (Bill C-18) comes to a premature end later this week (a hearing is planned with Heritage Minister Pablo Rodriguez and the CRTC, but remarkably Facebook, the CBC, and many experts will be blocked from appearing), new data from the Parliamentary Budget Office calls into question the claims of big benefits for Canadian newspapers. In fact, while the government has been anxious to cite the (questionable) PBO estimate that the bill will generate $329 million per year for Canadian news organizations, last week the PBO quietly released supplementary data that suggested it believes the vast majority of the money will actually go to the CBC, Bell, and other broadcasters. In fact, the supplementary data – posted with a link after the release of the PBO’s report – concludes that newspapers will receive less than 25% of the funding or about $81 million to split among hundreds of news outlets.

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October 19, 2022 3 comments News
darwin Bell from San Francisco, USA, CC BY 2.0 , via Wikimedia Commons

Government Funding For an Anti-Semite: They Knew For a Month. And Did Nothing.

The Laith Marouf/CMAC incident took another turn today as Globe and Mail has a report that the Prime Minister’s Office knew for a month that the government was funding an anti-semite as part of its anti-hate program. And it did nothing.

I have written previously about how calling out government ministerial silence on this issue led Liberal MP Chris Bittle to suggest I am racist and a bully. I have written about the shameful silence from virtually all but Jewish MPs, leading MP Anthony Housefather to call on all to speak out (I also discussed this with Housefather on a Law Bytes podcast). I have written about the embarrassing solitary Canadian Heritage hearing, in which Minister Ahmed Hussen was evasive in answering questions and the time for discussion with department officials was lost over an unnecessary hour-long debate over whether to call Canadian Heritage Minister Pablo Rodriguez to committee. 

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October 18, 2022 5 comments News