The government has yet to release its final regulations for the Online News Act, but recent comments from News Media Canada seemed to suggest that it is hoping to find common ground with Google, stating that it supports the company’s proposed amendments to Bill C-18 draft regulations. While that may be a long shot – I posted that Google’s call for legislative changes signals that it has arrived at the conclusion that regulations alone cannot fix the foundational flaws in the law – the Canadian Association of Broadcasters has created yet another complication. The lobby group representing private broadcasters such as Bell and Rogers isn’t looking to find a compromise position. Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers. The expansive definition prioritizes many broadcasting jobs, which would mean conventional newspaper services likely would get even less than the current estimate of 25% of revenues.
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Regulations Alone Can’t Fix Bill C-18: Why News Media Canada’s “Surrender” May Not Be Enough to Stop Google From Blocking News Links in Canada
After months of urging Heritage Ministers Pascale St-Onge and Pablo Rodriguez to stand up to Google and Meta’s response to Bill C-18, News Media Canada – the lead lobbyist for the legislation – appears to have waved the surrender flag as it is now urging the government to accommodate Google’s concerns with draft regulations. The shift in approach unquestionably marks a retreat for the group, which literally drafted a version of the bill for the government and wielded the power of major media outlets to skew national coverage in favour of the legislation. While it insisted that the companies were bluffing when they said they would block news links if a mandated payments for links approach were adopted, it is now readily apparent that they were mistaken. Meta has blocked news links on its Facebook and Instagram platforms for more than two months and shows no sign of changing its approach. Given that Google appears to be moving in the same direction, News Media Canada’s decision to toss the government under the bus reeks of desperation as its members recognize that blocked news links on both Meta and Google would create enormous harm in lost traffic, cancelled deals, and an Online News Act that generates no revenues.
Why the Government’s Draft Bill C-18 Regulations Don’t Work: The 4% Link Tax is Not a Cap. It’s a Floor.
The Online News Act has quickly emerged as one of the government’s biggest policy failures with Canadian news outlets facing lost traffic, lost revenues, and lost competition. The source of the Bill C-18 failure was the government’s seeming inability or unwillingness to game plan the potential outcomes of the law, rejecting criticisms and calls for a “Plan B” by instead relying on the hope that the policy measures would simply unfold as they did in Australia. That obviously has not happened, leading to the growing realization that Meta’s blocking of news links, which has already gone on far longer than it did in Australia, is not a bluff. With Meta out of news in Canada, the government is hoping to salvage the law by convincing Google to pay at least $172 million for news links. Unfortunately, the draft regulations released by Canadian Heritage Minister Pascale St-Onge suffer from the same failures as the law, namely an inability to game plan the potential outcomes of the regulations.
I’ve already written about how the draft regulations will do little to ensure more spending on journalism and how they are stacked against small, independent and digital first news outlets. But as I read analysis that suggests that Google got what it wanted – a cap on liability – I fear that the regulations are badly misunderstood. In fact, if you assess the competing policy objectives in the regulations and consider how they might actually play out, it becomes hard to avoid the conclusion that they don’t work and may well lead Google to walk away from news in Canada.