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Facebook app by Eduardo Woo https://flic.kr/p/pfd7yn (CC BY-SA 2.0)

Media Publishers File Flawed Competition Act Application Over Meta Blocking News Links Due to Bill C-18

As the fallout from Bill C-18 continues, a coalition of Canadian media outlets – News Media Canada, the Canadian Association of Broadcasters, and the CBC – have filed an application with the Competition Bureau seeking an inquiry into Meta’s decision to block news links in response to the bill’s mandated payments for links approach. There is unquestionably a need for greater competition work with respect to Internet platforms, but a case grounded in refusal to link is not the place to start. Indeed, this complaint is exceptionally weak as it misstates Bill C-18, implausibly claims that Meta has substantial control over the news industry in Canada, contradicts the government on the choices presented by its legislation, and risks creating a mandated requirement to link that could result in other sectors forcing platforms to display more contentious content.

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August 8, 2023 13 comments News
Sign of the times by Jim Fenton (CC BY 2.0) https://flic.kr/p/5FWQJi

Backdown or Bailout?: What Comes Next for the Government’s Epic Bill C-18 Miscalculation

Meta’s announcement this week that it has started to block news links in Canada on both Facebook and Instagram due to Bill C-18’s mandated payments for links approach has sparked a flurry of commentary and coverage. News outlets such as Le Devoir have joined the Globe and Mail in expressing doubt about the government’s approach, news coverage has examined why the Meta ad boycott hasn’t taken off (hint: the government’s own party is still launching new ads) or why the Australian experience hasn’t been replicated in Canada (hint: different law, different time). Meanwhile, the political response has been discouraging with the government pretending to forget the Conservatives’ actual vote against Bill C-18 in the House of Commons, while the Conservatives insist on calling Bill C-18 a censorship bill when it isn’t. But perhaps the most interesting response is the speculation about what comes next. I don’t think anyone really knows, but this post offers a few possibilities.

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August 4, 2023 14 comments News
Facebook Bill C-18 notice

The Lose-Lose-Lose-Lose Bill C-18 Outcome: Meta Blocking News Links on Facebook and Instagram in Canada

For months, supporters of Bill C-18, the Online News Act, assured the government that Meta and Google were bluffing when they warned that a bill based on mandated payments for links was unworkable and they would comply with it by removing links to news from their platforms. However, what has been readily apparent for months became reality yesterday: Meta is now actively blocking news links and sharing on its Facebook and Instagram platforms. The announcement does not reference Threads, but it would not surprise if news links are ultimately blocked on that platform as well. The company says that the blocking will take several weeks to fully roll out to all users, suggesting that it has learned from the over-blocking mistakes made in Australia and is proceeding more cautiously in Canada. By the end of the month, the world’s largest social media platform will become a news desert in Canada, with links to all news – both Canadian and foreign – blocked on the platform.

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August 2, 2023 67 comments News
The Art of Video Games 2012 by Blake Patterson (CC BY 2.0) https://flic.kr/p/bE4WuZ

Culture Lobby Groups Call on Government to Open Door to CRTC Regulation of Video Games, User Content and Algorithms Under Bill C-11 Implementation

Bill C-11 may have receded into the background of CRTC consultations and government policy directions, but Canadians concerned with user content, video game and algorithmic regulation would do well to pay attention. Lobby groups that fought for the inclusion of user content regulation in the bill have now turned their attention to the regulatory process and are seeking to undo government assurances that each of those issues – user content, algorithms and even video games – would fall outside of the scope of the regulatory implementation of the bill. In fact, if the groups get their way, Canadians would face unprecedented regulations with the CRTC empowered to create a host of new obligations that could even include requirements for Youtubers and TikTokers to register with the Commission. With a new Heritage Minister in place, the submissions raise serious concerns about whether the government will maintain its commitments regarding scoping out users, video games, and algorithms.

The most troubling publicly available document comes from a coalition that calls itself ACCORD, representing songwriters, composers, and music publishers. The group has posted its submission to the government’s consultation on the draft policy direction to the CRTC on Bill C-11. All submissions are not yet posted, but I should note that I also submitted a brief document, calling on the government to fully honour its commitment to exclude user content and algorithms from regulation and to establish limits on discoverability regulation.

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July 28, 2023 11 comments News
2023 cabinet picture, https://twitter.com/JustinTrudeau/status/1684289753384996864

Same as It Ever Was: Cabinet Overhaul Signals Government Doubling Down on Digital Policy Mess

It should not come as a surprise, but those hoping that the government’s much-anticipated cabinet overhaul might signal a potential course-correction on its digital policy mess will be sorely disappointed. If anything, yesterday’s changes at Canadian Heritage and Justice suggest an acceleration of plans that will include continuing to head toward the Bill C-18 cliff of blocked news links as well as introducing controversial online harms legislation and perhaps even copyright reform. Pascale St-Onge, the new Heritage Minister, was a lobbyist in the culture sector before her election to the House of Commons and is likely to welcome the big tech battle, while removing David Lametti as Justice Minister and replacing him with Arif Virani means online harms loses an important voice for freedom of expression in favour of someone who has expressed impatience with delays in new regulations.

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July 27, 2023 7 comments News