The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted. While Canadian Heritage was at pains to emphasize that the draft direction includes instructions that the “CRTC is directed not to impose regulatory requirements on online undertakings in respect of programs of social media creators, including podcasts”, the draft directive confirms that the government misled the public for months on the scope of Bill C-11 and highlights the problem with the CRTC’s rushed effort to establish regulations before the draft policy directive is final. I plan to file a submission by the deadline, but in the meantime offer several thoughts.
Latest Posts
Tough Talk, Empty Answers: How Heritage Minister Pablo Rodriguez is Propelling Canada’s News Sector Toward the Bill C-18 Cliff
Canadian Heritage Minister Pablo Rodriguez appeared last night before the Senate committee studying Bill C-18, facing repeated questions about how his government will respond if Internet platforms such as Facebook block news sharing in response to bill’s system of mandated payments for links. Much like Prime Minister Trudeau earlier in the day, Rodriguez had few answers, relying instead on tough talk about not backing down against the tech companies or warnings that even talking about the risks was playing into their hands. Yet the reality is that the government has boxed itself into a corner with fatally flawed legislation that could leave Canadian news organizations with lost revenues and Canadians with reduced exposure to reliable news.
The Law Bytes Podcast, Episode 169: Alissa Centivany and Anthony Rosborough on Repairing Canada’s Right to Repair
The right to repair would seem like a political no-brainer: a policy designed to extend the life of devices and equipment and the ability to innovate for the benefit of consumers and the environment. Yet somehow copyright law has emerged as a barrier on that right, limiting access to repair guides and restricting the ability for everyone from farmers to video gamers to tinker with their systems. The government has pledged to address the issue and Bill C-244, a private members bill making its way through the House of Commons, would appear to be the way it plans to live up to that promise.
Alissa Centivany, an assistant professor in the faculty of information and media studies at Western University and the principal investigator of a SSHRC-funded research project on the right to repair and Anthony Rosborough, who completing his doctoral thesis at the European University Institute in Florence and is set to take up a joint appointment in Law and Computer Science at Dalhousie University later this year, have been two of the most outspoken experts on this issue in Canada. They join me on the Law Bytes podcast to talk about why the time has come for government action, their experience before a House of Commons committee on the bill, and unpack some of the confusion arising from late breaking amendments.
Meta to Test Blocking News Sharing on Facebook and Instagram in Canada in Response to Bill C-18’s Mandated Payments for Links
Meta has announced that will test blocking news sharing in Canada on its platforms Facebook and Instagram in response to Bill C-18’s system of mandated payments for links. Even as some have suggested the position is bluff, the company has not wavered for months as this emerged as the most likely end game. Back in October, it said it was considering blocking news and in March it confirmed it. The government now says it won’t give in to “threats” but the reality is that Canadian Heritage Minister Pablo Rodriguez more accurately described it last year as a “business decision” when he appeared before the Heritage committee. Given that Facebook says news is responsible for only three percent of content on user feeds and that it is highly substitutable (ie. users spend the same amount of time on the platform whether scrolling through news or other content), the business choice seems like an obvious one.
Globe Publisher Calls Bill C-18 a “Threat to the Independence of Media” As Government Senate Representative Smears Bill Critics
The Senate hearings on Bill C-18, the Online News Act, resumed yesterday with two blockbuster panels that included the Globe and Mail, News Media Canada, La Presse, Le Devoir, Canadaland, The Line, and Village Media. The unmistakable takeaway was the enormous risks the bill creates to the independence of the press, to the future of digital media, and to the bottom lines of Canadian news outlets across the country. Further, it is increasingly apparent that the government has no real answers to these risks other than sabre rattling with tech companies and questioning the motives of critics of the legislation.
The eagerness to smear anyone who dares criticize the bill provided the most jaw-dropping moment of the hearing with Senator Peter Harder, the government’s representative in the Senate on the bill, suggesting that Bill C-18 criticism from Village Media’s Jeff Elgie, one of Canada’s most successful local digital news organizations, might be motivated by the business benefits of local media shutting down:
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Why Industry Minister Champagne Broke the Bill C-27 Hearings on Privacy and AI Regulation in Only 12 Minutes 
The Law Bytes Podcast, Episode 178: Bianca Wylie on Canada’s Failing AI Regulatory Process 
Why the Government is Quietly Undermining Competition Bureau Independence in Bill C-56 
A Reality Check on the Online News Act: Why Bill C-18 Has Been a Total Policy Disaster 
The Law Bytes Podcast, Episode 177: Chris Dinn on Bill C-18’s Harm to Torontoverse and Investment in Innovative Media in Canada
