The Standing Committee on Canadian Heritage launched its hearings on the Online News Act (Bill C-18) with a pair of hearings late last month. At this stage, it remains unclear whether the committee will undertake the extensive study the bill deserves. I appeared in the very first hearing, using my opening statement to touch on four key concerns: the definition of “use”, government intervention, the risk of increased misinformation, and the breaches of Canada’s trade and treaty obligations. Coinciding with National Newspaper Week, this week’s Law Bytes podcast features an introduction to the bill and audio clips from the appearance.
The Law Bytes Podcast, Episode 141: Why the Online News Act is a Bad Solution to a Real Problem, Part Five – My Appearance Before the Standing Committee on Canadian Heritage
The Law Bytes Podcast, Episode 140: Anthony Housefather Reflects on the Fight Against Anti-Semitism Online and the Laith Marouf Incident
The Law Bytes podcast returns with a special episode focused on combatting online anti-semitism with a particular emphasis on an incident involving the department of Canadian Heritage and Laith Marouf, a well known anti-semite. As part of Heritage’s anti-hate program, the government had provided funding to the Community Media Advocacy Centre (CMAC), led by Marouf, to develop an anti-racism strategy for Canadian broadcasting. While there was years of evidence of Marouf’s anti-semitism, the department didn’t look or didn’t find it. The contract was cancelled after a public outcry, but even that led to concerns as it was left to Jewish MPs such as Anthony Housefather, Ya’ara Saks, and Melissa Lantsman to say something while many others remained silent.
Anthony Housefather, a Liberal MP from Montreal, not only spoke out on the Marouf situation but also called on all MPs to become more vocal. Housefather has been working on the online anti-semitism issue with politicians from around the world as part of an Inter-Parliamentary Task Force on Online Antisemitism and he joins me on the Law Bytes podcast to talk about the work of the task force and its recent hearing in Washington, DC, the Marouf incident, and the urgency for all to speak out more aggressively against anti-semitism.
Why the Online News Act is a Bad Solution to a Real Problem, Part Four: Undermining Canadian Copyright Law and International Copyright Treaty Obligations
The series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem has thus far focused on three issues: the risk to the free flow of information stemming from mandatory compensation for linking, how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content”, and the unprecedented government intervention in a sector where independence is essential. Today’s post raises an unlikely issue given that Bill C-18 is the responsibility of Canadian Heritage Minister Pablo Rodriguez, who also has part responsibility for copyright law in Canada. Buried within the bill is Section 24, a short provision with big copyright implications:
For greater certainty, limitations and exceptions to copyright under the Copyright Act do not limit the scope of the bargaining process.
What does this mean and why is it in the bill?
Why the Online News Act is a Bad Solution to a Real Problem, Part Three: Unprecedented Government Intervention into a Sector Where Independence is Essential
The first two posts in the series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem focused on the risk to the free flow of information stemming from mandatory compensation for linking and how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content.” The series continues by highlighting the remarkable extent to which the government and its regulator (the CRTC) intervene in the news sector, an approach that creates significant risks to an independent press.
The government appears to recognize the risks that come from intervention and have therefore sought to assuage concerns by describing the bill as “a market-based solution that involves minimal government intervention.” Yet the reality is Bill C-18 features an unprecedented level of government intervention into the market in the news sector. Just how extensive is the government’s involvement? Some of the provisions that delegate decision-making powers to the government or CRTC include: