The government’s deeply flawed attempt to force tech platforms to pay Canadian news outlets for linking to news is nearing its payout. The CRTC this week formally exempted Google from negotiating individual agreements and facing a potential mandated arbitration system in return for a lump sum $100 million annual payment. The $100 million deal was the government’s last ditch attempt to salvage the Online News Act as its insistence that tech platforms would never walk away from news proved to be disastrously wrong. Within weeks of the former Bill C-18 receiving royal assent in June 2023, Meta blocked news links on its Facebook and Instagram platforms. The block has remained in place for more than a year, causing significant harm to news outlets and sparking a CRTC investigation into whether user attempts to evade the block bring the company within the scope of the law.
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Is Meta Offside the Online News Act? The CRTC Wants to Know.
Meta has blocked news links on its Facebook and Instagram platforms for more than a year in response to the Online News Act, resulting in significant lost traffic to many Canadian news sites. The company’s position has been pretty clear from the start: the law applies to digital news intermediaries that make “news content produced by news outlets available to persons in Canada.” By blocking news links, the company believes that it falls outside the definition and therefore is not required to register with the CRTC and enter into negotiations for payments to Canadian news outlets. After Canadian Heritage Minister Pascale St-Onge repeatedly urged the CRTC to examine the issue, this week the Commission sent a letter to Meta giving it seven days to comment on “what measures Meta is taking to comply with the Act, and whether news is being made available on Meta’s platforms.”
The Law Bytes Podcast, Episode 214: Erin Millar on Trust in Media and the Implementation of the Online News Act
Questions about trust in the media have escalated in Canada in recent months as with each error or questionable tweet, there is seemingly an inevitable chorus of concerns that raise doubts about the implications of government regulation and funding of the media. So where is the Online News Act at right now? What of the new collective designed to distribute the $100 million that Google agreed to pay in return for an exemption from mandated arbitration? And what can be done about the mounting trust deficit?
Erin Millar wears several hats including as the CEO & Co-founder of Indiegraf and the interim board chair of the Canadian Journalism Collective, the collective that was picked by Google to administer the $100 million distribution. She joins the Law Bytes podcast in a personal capacity – she isn’t speaking on anyone’s behalf – to talk about the latest Bill C-18 developments and what measures might help address trust in Canadian media.
The Bill on Canada’s Digital Policy Comes Due: Blocked News Links, Cancelled Sponsorship, Legal Challenges, and Digital Ad Surcharges
Canada’s digital policy has seemingly long proceeded on the assumption that tech companies would draw from an unlimited budget to write bigger cheques to meet government regulation establishing new mandated payments. Despite repeated warnings on Bills C-11 (Internet streaming), C-18 (online news), and a new digital services tax that tech companies – like anyone else – were more likely to respond by adjusting their Canadian budgets or simply passing along new costs to consumers, the government and the bill’s supporters repeatedly dismissed the risks that the plans could backfire. Yet today the bill from those digital policy choices is coming due: legal and trade challenges, blocked news links amid decreasing trust in the media, cancellation of sponsorship deals worth millions of dollars that will be devastating to creators, and a new Google digital advertising surcharge that kicks in next week to offset the costs of the digital services tax.
The Law Bytes Podcast, Episode 209: Peter Menzies on Why the Canadian News Sector is Broken and How to Fix It
It isn’t news that the Canadian news sector is broken: the Online News Act has caused more harm the good, the dependence on government funding and regulation has grown dramatically and undermined public trust, and implementing Bill C-18 has become mired in controversy. Peter Menzies spent three decades as a working journalist and newspaper executive, most notably with the Calgary Herald where he served as its editorial page editor, editor in chief and, finally, publisher. He then spent another 10 years at the CRTC, including four as Vice Chair of Telecommunications. Peter been one of the most prominent voices on the state of the news sector in Canada and he joins the Law Bytes podcast to discuss recent developments alongside proposed reforms that might do a better job of addressing mounting concerns over the independence of the press.
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