This week’s Law Bytes podcast featured a look at the year in review in digital law and policy. Before wrapping up for the year, the next three posts over the holidays will highlight my most popular posts, podcast episodes, and Substacks of the past year. Today’s post starts with the top posts, in which two issues dominated: lawful access and antisemitism. While most of the top ten involves those two issues, the top post of the year featured an analysis of the government’s approach to the digital services tax, which ultimately resulted in an embarrassing climbdown by the government.
News
Confronting Antisemitism in Canada: If Leaders Won’t Call It Out Without Qualifiers, They Can’t Address It
The devastating consequences of the rise of antisemitism is in the spotlight this week in the wake of the horrific Chanukah Massacre in Australia over the weekend. In addition to my post on the issue, I appeared yesterday on CBC Radio’s syndication, conducting 14 interviews in rapid succession with stations from coast to coast [clip here]. Most of the interviews followed a similar script, focusing on the rise of antisemitism in Canada as documented by Statistics Canada, lamented the troubling range of violent antisemitic incidents (including the Ottawa grocery store stabbing and the Toronto intimidation marches in Jewish neighbourhoods), and described life as Jew in Canada in 2025, which invariably necessitates a police presence at schools and synagogues alongside measures to hide Jewish symbols and identity in public.
“Shock” and the Bondi Beach Chanukah Massacre
The political response to terrorist attacks – particularly those involving antisemitism – now follow a fairly standard formula relying on a word salad of expressing sadness, assurances that the government stands with the Jewish community, and affirmations that antisemitism has no place in [insert country/province/city here]. While those comments often ring hollow, it is the frequent claims of “shock” that I find most disingenuous. In the aftermath of this weekend’s horrific Chanukah Massacre in Bondi Beach, Australia that left 15 dead including a Chabad rabbi, a holocaust survivor, ten-year old child and many others, you simply cannot claim to be shocked that such an incident would occur. Yet there is the Guardian reporting “communities express shock”, while EU President Ursula von der Leyen, New Zealand Prime Minister Christopher Lydon, and Norway Prime Minister Jonas Gahr Stoere all say they were shocked by the attack.
The Most Unworkable Internet Law in the World: Quebec Opens the Door to Mandating Minimum French Content Quotas for User Generated Content on Social Media
The Quebec government has amended its Internet streaming legislation by removing an exemption for social media services, establishing the most unworkable social media regulation in the world with companies required to meet both French language minimum content quotas and discoverability requirements. I previously argued that Bill 109, which has now completed its clause-by-clause review, is unconstitutional, unnecessary, and unworkable. If enacted into law, it is sure to face a constitutional challenge and the prospect that streaming services such as Netflix and Spotify will either block the Quebec market or be forced to remove considerable English and foreign language content in order to comply. The result will mean less choice for Quebec-based subscribers without any requirements for more Quebec content (the law applies to French language content, not Quebec-based content).
Incredibly, the government, led on the file by Minister of Culture and Communications Mathieu Lacombe, has managed to make an awful bill even worse.
CRTC Says No Regulatory Action Planned Against Meta For Blocking News Links
In the months leading up to the effective date of the Online News Act, then-Canadian Heritage Minister Pascale St-Onge urged the CRTC to investigate Meta’s decision to block news links on its Facebook and Instagram platforms as its method of compliance. Pointing to reports of people screenshotting news articles and the use of other workarounds the blocking of news links that came in response to the Online News Act (Bill C-18), St-Onge said “I cant wait to see what the CRTC will do when the law is fully enforced on Dec. 19.” As the law took effect and the issue grew, the CRTC did indeed send Meta a letter in October 2024 asking for information on how the company was complying with the legislation. I wrote about this request soon afterward, providing a detailed analysis of the law that sought to explain why some news sites might fall outside the scope of the legislation along with the legal grey area of screenshots.
This week, the CRTC finally responded to Meta on the issue.
Recent Posts
The Law Bytes Podcast, Episode 260: What the Government Didn’t Want You To Hear About Bill C-4 And Its Weak Political Party Privacy Rules 
Why the Online Harms Act is the Wrong Way to Regulate AI Chatbots 
More Transparency Not Police Reporting: Navigating the Safety-Privacy Balance for AI ChatBots 
The Law Bytes Podcast, Episode 259: The Privacy and Surveillance Risks of AI Chatbot Reporting to Police 
Nobody Wants This: Senate Rejects Government’s Anti-Privacy Plan for Political Parties By Sending Bill Back to the House With a Sunset Clause
