I appeared on The New Zealand Initiative Podcast on August 2, 2023. In the episode, we discussed Bill C-18, the government’s role in negotiations with tech giants, and the challenges and consequences of such interventions. The link to the episode is here.
Latest Posts
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.
The Law Bytes Podcast, Episode 176: A Mid-Summer Update on Bills C-11, C-18, the Government’s Cabinet Shuffle, and the Brewing Battle over Digital Taxes
Coming off a week in which the government engineered a major cabinet overhaul that saw Heritage Minister Pablo Rodriguez replaced by Pascale St-Onge, an escalation of the battle over digital services taxes, and which featured significant news on both the Bill C-11 and Bill C-18 fronts, this week’s Law Bytes podcast provides a mid-summer update on recent developments. Barring some urgent news, the podcast will be taking a break in August and return in September.
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.
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.
Recent Posts
The Lessons of 9/11 We Forgot After October 7th 
Named to Canadian Lawyer’s Top 25 Most Influential Lawyers 
Be Careful What You Wish For: Why Asking Google Maps to Defy the U.S. on Lake Ontario Would Undermine Canadian Digital Sovereignty 
Big Money, Bigger Design Changes: What the Meta Settlement Means for Canada, Bill C-34, and the Age Verification and Privacy Risks That Remain 
Unleashing the Trolls: Ontario Court Opens the Door to Liability for Influencers Who Weaponize Their Audiences
