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What If It Isn’t a Bluff?!: The Consequences of the Government’s Epic Bill C-18 Miscalculation Begin to Set In

As Bill C-18 made its way through the legislative process, the government and the media lobby groups supporting the bill insisted that Google and Meta were bluffing when they warned that legislation premised on mandated payments for links could lead the companies to stop Canadian news linking or sharing on their platforms. Proponents would point to the Australian experience or claim that links to Canadian news were simply too valuable for the platforms to walk away. Compromise amendments were ignored in favour of tough talk about not backing down, the platforms were investigated for daring to test link blocking, and MPs and Senators acted as stenographers for media lobby groups by introducing amendments that now leave the government with even less flexibility in the regulatory process. 

Over the past week, the reality appears to have begun to seep in.

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July 18, 2023 23 comments News
Cave by Ron https://flic.kr/p/7tL3J (CC BY-NC-ND 2.0)

Caving on Bill C-18: Government Outlines Planned Regulations that Signal Willingness to Cast Aside Core Principles of the Online News Act

Canadian Heritage Minister Pablo Rodriguez has insisted for months that Bill C-18, the Online News Act, is a market-based approach that would leave it to the Internet platforms and Canadian media outlets to negotiate deals based on the principle of mandated payments for links. Faced with the prospect of Meta and Google’s recent announcements that they would block news links in order to comply with the legislation, it would appear that the government has caved on the bill as it searches for a face-saving compromise. Rodriguez and Prime Minister Trudeau had tough talk last week, but behind the scenes they were seemingly ready to cast aside the core principles that they claimed were essential to the legislation. 

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July 10, 2023 113 comments News
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Trudeau Likens Bill C-18 Battle To World War Two Fight for Democracy as Government Suspends Meta Advertising (But Not Liberal Party Ads)

The government moved to escalate the battle over Bill C-18 yesterday, announcing that it was suspending advertising on Meta’s Facebook and Instagram platforms due the company’s decision to comply with the bill by blocking news sharing and its reluctance to further negotiate the issue. While the ad ban applies to federal government advertising, Liberal party officials confirmed they plan to continue political advertising on the social networks, suggesting that principled opposition ends when there might be a political cost involved. At issue is roughly $11 million in annual advertising by the federal government, a sum that pales in comparison to the Parliamentary Budget Officer’s estimate of at least $100 million in payments in Canada for news links from Meta alone.  

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July 6, 2023 104 comments News
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A Massive Own-Goal for the Government: Google to Stop News Links in Canada Due to Bill C-18

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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June 29, 2023 118 comments News
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The Damage Continues to Grow: Meta Begins Cancelling Existing Media Deals In Light of Bill C-18

The damage caused by the government’s Bill C-18 continues to grow as Meta has started to cancel its existing agreements with Canadian publishers. The move should not come as a surprise since any deals that involve facilitating access to news content would bring the company into the legislative framework and mandate payments for links. Indeed, Meta said earlier this week that its 18 existing deals “did not have much of a future.” When this is coupled with a reported “impasse” between the government and Google over its approach to Bill C-18, the risks to the Canadian media sector look increasingly dire. 

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June 29, 2023 15 comments News