The worst case scenario for Canadian Heritage Minister Pablo Rodriguez, the Canadian news sector, and the Canadian public has come to pass: Google has announced that it will block news links in Canada in response to the mandated payment for links approach established in Bill C-18. The decision, which the company says will be implemented before the law takes effect, will cover search, Google News, and Google Discover. The decision – which government seemingly tried to avoid with last minute discussions with Google executives after it became apparent that the risks of exit were real – will have lasting and enormously damaging consequences for Canadians and represents a remarkable own-goal by Rodriguez who has managed to take millions away from the news sector and left everyone in a far worse position than if he had done nothing at all.
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Buyer’s Remorse?: The Risks of Bill C-18 Leading to Blocked News Sharing Becoming Real to Canadian Media
When Le Devoir director Brian Myles appeared before the Senate committee studying Bill C-18 last month, he closed by urging the committee to pass the legislation quickly, stating “the time to act is now. We can’t wait two years between the passage of the bill and the CRTC regulations, because the delay will benefit opponents, giving them time to organize and undermine the spirit and the letter of the law.” While Myles acknowledged that claims regarding “theft” of news content by Internet platforms was overstated, he nevertheless expressed full support for the bill. One month later, the Online News Act is now law, Meta has confirmed that it will block news sharing before it takes effect, and the government is reportedly in last ditch negotiations with Google to stop it from doing the same.
The Government’s Fishing Expedition: Why the Bill C-18 Motion Establishes a Dangerous Precedent For Those Who Dare to Oppose Legislation
The Canadian Heritage committee moved ahead yesterday with a Bill C-18 motion that should strike fear in any group that participates in the political process. In a chaotic few minutes toward the end of the meeting, Liberal MP Anthony Housefather introduced a new motion that removed some of the worst of the authoritarian-style provisions previously proposed by the Parliamentary Secretary to the Minister of Canadian Heritage that demanded the private communications of potentially thousands of Canadians. However, it still retained mandated document disclosures that should send a chill into companies, NGOs, and anyone else that engages in, or strategizes about, government legislation. Calling executives into committee is not only appropriate, it is often essential. So too is following up with document demands based on the discussion. But in this case, the Heritage committee is engaged in a fishing expedition based largely on opposition to government legislation.
Canadian Chamber of Commerce Warns on Government-Backed Bill C-18 Motion: “A Serious Threat to the Privacy of Canadians”
Later today, the Standing Committee on Canadian Heritage will vote on a government-backed motion that would compel Google and Facebook to disclose private third-party communications dating back years that could sweep in the private communications of thousands of Canadians. The motion, which is obvious retribution for opposing Bill C-18, is a stunning attack on the privacy of Canadians and could have a chilling effect on public participation. However, you don’t have to take my word for it. The Canadian Chamber of Commerce has issued a dire warning about the motion in a public letter, suggesting it is undemocratic and urging MPs to reject it.
Government-Backed Motion Demands Disclosure of Years of Third-Party Communications With Google and Facebook in Retribution for Opposing Bill C-18
The government plans to introduce a motion next week requiring Google and Facebook to turn over years of private third-party communication involving any Canadian regulation. The move represents more than just a remarkable escalation of its battle against the two tech companies for opposing Bill C-18 and considering blocking news sharing or linking in light of demands for hundreds of millions in payments. The motion – to be introduced by the Parliamentary Secretary to the Minister of Canadian Heritage (yes, that guy) – calls for a series of hearings on what it describes as “current and ongoing use of intimidation and subversion tactics to avoid regulation in Canada”. In the context of Bill C-18, those tactics amount to little more than making the business choice that Heritage Minister Pablo Rodriguez made clear was a function of his bill: if you link to content, you fall within the scope of the law and must pay. If you don’t link, you are out of scope.
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