News

Red 10 by Darwin Bell CC BY-NC 2.0 https://flic.kr/p/CsR5u

The Year in Review: Top Ten Posts

Last week’s Law Bytes podcast features a look at the year in review along with some guesses at what lies ahead. Before wrapping up for the year, the next three posts will highlight the most popular posts, podcast episodes, and Substacks of the past year. Today’s post starts with the top posts, which starts with a recent look at Bill S-210 and potential age verification and site blocking on the Internet. With the exception of an examination of Bill C-27’s AI regulations, the remaining posts all involve online news and Bill C-18.

1. The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law, December 14, 2023

2. The Lose-Lose-Lose-Lose Bill C-18 Outcome: Meta Blocking News Links on Facebook and Instagram in Canada, August 2, 2023

3. What the CRTC’s New Registration Requirements Mean for Regulating Everything from Online News Services to Podcast Providers, October 2, 2023

Read more ›

December 26, 2023 8 comments News
If you don't like the rules rewrite them by Duncan Cumming https://flic.kr/p/2fS1Hhe CC BY-NC 2.0

Bill C-18 is Dead, Long Live Bill C-18: Government Rewrites Online News Act With Final Regulations

The government this morning released the final Online News Act regulations, effectively gutting the law in order to convince Google to refrain from blocking news links in Canada and to fix some of the legislative mistakes that have been apparent from the start. While proponents of the law will point to the $100 million contribution from Google as evidence of success, privately most in the industry and government acknowledge the obvious: Bill C-18 was deeply flawed and a massive miscalculation that has created far more harm than good. Canadian Heritage Minister Pascale St-Onge seemingly agrees as she was willing to make changes that were derided by the government throughout the legislative process. Indeed, by the time St-Onge took over the file that was a challenging salvage job, Meta’s $20 million in news deals were lost and blocked news links on Facebook and Instagram was a reality. The prospect of the same happening with Google was too much for the industry and the government since the lost deals would have been at least double that amount (many believe in the $40-50 million range) and lost news links in search would have been catastrophic.

Read more ›

December 15, 2023 12 comments News
2017 Freedom of Expression Awards by Elina Kansikas for Index on Censorship https://flic.kr/p/Uvmaie (CC BY-SA 2.0)

The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law

After years of battles over Bills C-11 and C-18, few Canadians will have the appetite for yet another troubling Internet bill. But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention. Bill S-210, or the Protecting Young Persons from Exposure to Pornography Act, was passed by the Senate in April after Senators were reluctant to reject a bill framed as protecting children from online harm. The same scenario appears to be playing out in the House of Commons, where yesterday a majority of the House voted for the bill at second reading, sending it to the Public Safety committee for review. The bill, which is the brainchild of Senator Julie Miville-Dechêne, is not a government bill. In fact, government ministers voted against it. Instead, the bill is backed by the Conservatives, Bloc and NDP with a smattering of votes from backbench Liberal MPs. Canadians can be forgiven for being confused that after months of championing Internet freedoms, raising fears of censorship, and expressing concern about CRTC overregulation of the Internet, Conservative MPs were quick to call out those who opposed the bill (the House sponsor is Conservative MP Karen Vecchio). 

Read more ›

December 14, 2023 116 comments News
CPAC, Geist CRTC Bill C-11 hearing, https://cpac.ca/episode?id=c2d2ca31-d052-4378-8245-f8ff6156a1c9

My CRTC Appearance on Bill C-11: Why Isn’t the Commission Concerned with Competition, Consumer Choice, and Affordability?

The CRTC’s Bill C-11 hearings are in their third and final week as a steady stream of broadcasters and producers make their way to Gatineau to urge the Commission to force Internet streamers to hand over cash in a giant cross-industry subsidy scheme designed to support everyone from small producers to Bell’s news division. As the witnesses take turns seeking the mantle that they are facing the biggest crisis (even as there is record film and television production in Canada and broadcasters stand to be the biggest beneficiary of the Online News Act), there has been practically no interest or discussion of the risks to consumers and competition that could come from significant new regulatory costs.

I set out to change that yesterday in my appearance before the Commission. It was my first time to appear as a witness before the CRTC and I used the opportunity to emphasize the real risks of reduced competition and higher costs that can come with mandated payments that exceed global standards. Further, I argued that the Commission should not establish interim payments at all, noting that it was more appropriate to address all of the outstanding Bill C-11 regulatory questions before looking to streamers to start cutting cheques.

Read more ›

December 6, 2023 13 comments News
Vintage newspaper dispenser by Markus Spiske CC-CC0 1.0 https://www.rawpixel.com/image/432264

Skillful Negotiation or Legislative Fail? Taking Stock of the Bill C-18 Deal With Google

Canadian Heritage Minister Pascale St-Onge’s deal with Google on Bill C-18 for an annual $100 million contribution has sparked some unsurprising crowing from partisans who insist the fears that the government had mishandled the Online News Act failed to recognize a well-executed negotiation strategy. Yet the response from industry supporters of the bill has been noticeably muted: News Media Canada did not issue a press release with CEO Paul Deegan noting that the impact would depend on the forthcoming regulations, the Canadian Association of Broadcasters said it was relieved there was a deal and that links would not be blocked, Quebec broadcasters are already calling for more support, and Friends of Canadian Broadcasting said the deal did not deliver the support it originally hoped for. These comments come closer to reflecting the reality of the deal, namely that the government misread the market, passed deeply flawed legislation, and was ultimately forced to row back core elements of the law and accept payments consistent with what was on the table over a year ago.

Read more ›

November 30, 2023 28 comments News