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Social Media Executives Testify Before Antisemitism Task Force by C-SPAN https://www.c-span.org/video/?522957-1/social-media-executives-testify-antisemitism-task-force

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.

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September 28, 2022 0 comments Podcasts
80 Cent WIPO Commemorative Stamp by WIPO https://flic.kr/p/bpY2G4 (CC BY-NC-ND 2.0)

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?

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September 23, 2022 4 comments News
News: rewired title by nicolayeeles (CC BY-NC 2.0) https://flic.kr/p/atn4Dx

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:

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September 22, 2022 2 comments News
The Standard by Benson Kua https://flic.kr/p/pmXqoS (CC BY-SA 2.0)

Why the Online News Act is a Bad Solution to a Real Problem, Part Two: Encouraging Clickbait and Low Quality Journalism With No “News Content” Standards

The first post in this series on Bill C-18, the Online News Act, focused on the problematic approach to what constitutes “making news content available”, as it encompasses everything from indexing to linking to news stories without reproducing the actual text. The approach raises serious risks to the free flow of information online and expands the law far beyond reasonable expectations of what “use” of news articles might mean. But the problems with expansive definitions in the bill are not limited to the “making available” provision. Bill C-18’s definitions for “news content”, “news business”, and “news outlet” are also exceptionally broad, raising their own series of concerns.

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September 21, 2022 0 comments News
Mom Grabs the iPad by Alan Levine https://flic.kr/p/8Wr9o8 (CC BY 2.0)

Why the Online News Act is a Bad Solution to a Real Problem, Part One: The Risk to Free Flow of Information

Since its introduction in early April, the Online News Act (Bill C-18) has flown below the public’s radar screen. There have been a few op-eds and considerable coverage on my blog (I’ve posted here, here, here, here, here, here, here, here and released podcasts on the bill with Sue Gardner and independent digital media publishers Farhan Mohamed and Jeff Elgie) but Canadian Heritage Minister Pablo Rodriguez has largely been content to rush the bill through the parliamentary process with little debate. In fact, after Rodriguez left the CBC’s Vassy Kapelos visibly puzzled, he has said little about it. He has never given a speech on the bill in the House of Commons and the government successfully cut off debate after allocating just two hours to it. Bill C-18 is now headed to the Standing Committee on Canadian Heritage with hearings that could start as soon as the end of this week.

This post marks the first in a lengthy series that explain why the bill is a bad solution to a real problem. The series starts with posts that examine some of the specifics in the bill, including problematic definitions for making available news, news businesses, and even the definition of news itself. Once I’ve laid the foundation, the series will highlight some of the implications of the bill, including breaches of Canada’s international trade, treaty, and constitutional obligations; the risk it will hamper efforts to combat misinformation; and the plethora of market problems it would create related to government interference, an independent press, competition, and our dependence on big tech.

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September 20, 2022 5 comments News