Online News Act

An Act respecting online communications platforms that make news content available to persons in Canada

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment regulates digital news intermediaries to enhance fairness in the Canadian digital news marketplace and contribute to its sustainability. It establishes a framework through which digital news intermediary operators and news businesses may enter into agreements respecting news content that is made available by digital news intermediaries. The framework takes into account principles of freedom of expression and journalistic independence.
The enactment, among other things,
(a) applies in respect of a digital news intermediary if, having regard to specific factors, there is a significant bargaining power imbalance between its operator and news businesses;
(b) authorizes the Governor in Council to make regulations respecting those factors;
(c) specifies that the enactment does not apply in respect of “broadcasting” by digital news intermediaries that are “broadcasting undertakings” as those terms are defined in the Broadcasting Act or in respect of telecommunications service providers as defined in the Telecommunications Act ;
(d) requires the Canadian Radio-television and Telecommunications Commission (the “Commission”) to maintain a list of digital news intermediaries in respect of which the enactment applies;
(e) requires the Commission to exempt a digital news intermediary from the application of the enactment if its operator has entered into agreements with news businesses and the Commission is of the opinion that the agreements satisfy certain criteria;
(f) authorizes the Governor in Council to make regulations respecting how the Commission is to interpret those criteria and setting out additional conditions with respect to the eligibility of a digital news intermediary for an exemption;
(g) establishes a bargaining process in respect of matters related to the making available of certain news content by digital news intermediaries;
(h) establishes eligibility criteria and a designation process for news businesses that wish to participate in the bargaining process;
(i) requires the Commission to establish a code of conduct respecting bargaining in relation to news content;
(j) prohibits digital news intermediary operators from acting, in the course of making available certain news content, in ways that discriminate unjustly, that give undue or unreasonable preference or that subject certain news businesses to an undue or unreasonable disadvantage;
(k) allows certain news businesses to make complaints to the Commission in relation to that prohibition;
(l) authorizes the Commission to require the provision of information for the purpose of exercising its powers and performing its duties and functions under the enactment;
(m) requires the Canadian Broadcasting Corporation to provide the Commission with an annual report if the Corporation is a party to an agreement with an operator;
(n) establishes a framework respecting the provision of information to the responsible Minister, the Chief Statistician of Canada and the Commissioner of Competition, while permitting an individual or entity to designate certain information that they submit to the Commission as confidential;
(o) authorizes the Commission to impose, for contraventions of the enactment, administrative monetary penalties on certain individuals and entities and conditions on the participation of news businesses in the bargaining process;
(p) establishes a mechanism for the recovery, from digital news intermediary operators, of certain costs related to the administration of the enactment; and
(q) requires the Commission to have an independent auditor prepare a report annually in respect of the impact of the enactment on the Canadian digital news marketplace.
Finally, the enactment makes related amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 22, 2023 Passed Motion respecting Senate amendments to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
June 21, 2023 Failed Motion respecting Senate amendments to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada (reasoned amendment)
June 20, 2023 Passed Time allocation for Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
Dec. 14, 2022 Passed 3rd reading and adoption of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
May 31, 2022 Passed 2nd reading of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada
May 31, 2022 Failed Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada (amendment)

Online News ActGovernment Orders

June 20th, 2023 / 5:05 p.m.


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Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Madam Speaker, I am very happy to rise today to speak to Bill C-18, the online news act. As members have heard, I am a former broadcast and newspaper journalist, and I am also currently a member of the Standing Committee on Canadian Heritage. Therefore, this bill really is important to me. I am very proud of the work that we did as a committee and that we are one step closer to this legislation's actually passing now that we have received amendments from the Senate.

I am so grateful for the work of the Senate, and I would like to thank the senators for their thorough debate and their thoughtful consideration of the legislation. I would also like to thank my colleagues on the heritage committee for working collaboratively across party lines and listening compassionately to all the groups and individuals who came to committee to tell us just how important Bill C-18 would be for them.

Before I get into the substance of the Senate amendments, I would like to explain why this bill is so crucial for small local Canadian news outlets. These outlets at one time told the stories in and about every little corner of our country, but they have been shuttering, one after the other, and the trend is accelerating. I witnessed it first-hand in my more than 20 years as a journalist, surviving mass layoff after mass layoff and watching talented and bright colleagues have to go off and find their next dream job.

Just last week, Bell Media laid off some 1,300 employees from its broadcast division on Parliament Hill. We lost journalists like Joyce Napier and Glen McGregor. These journalists are institutions within this institution. Their deep knowledge, gained from years of experience, and the context they bring to their reporting has been lost. It is a loss to us who work in this place and it is a loss to our constituents who are trying to understand federal politics.

It is not just in Parliament buildings in federal and provincial capitals where journalists have become scarce. It is our city halls, our courtrooms, our legions, our school boards and our local sporting events. We used to have reporters in all those places, listening to people, sharing stories and giving us a real sense of community. They are mostly not there anymore.

As we have heard already today, since 2008, more than 500 Canadian news outlets have closed in 335 communities across Canada. Three hundred and fifty-nine of these are community newspapers. Sixty-three closed since the start of the pandemic.

Since 2010, the number of jobs in the newspaper industry saw a 45% decrease. Thousands of journalism jobs have been lost permanently from all the mediums. This means that many communities do not have local news to rely on. They are left unaware when they could have helped someone in need. They are left in danger when there is an impending natural disaster. They have no way to know how their city, or province or country is performing, whether there is corruption or a policy that causes harm to vulnerable people.

News producers told us at committee that news had never been profitable, that it was expensive, that it was hard work. It takes a person at least a full day, sitting through meetings, coming up with an angle, conducting interviews and writing a story for print or broadcast, just for one piece of content. However, news is so valuable that it was always worth the trouble. Companies would advertise. There were classified ads or obituaries. News producers could survive. Now all those sources of revenue are gone.

Eighty per cent of all advertising revenue goes to Google and Facebook, two companies. They do not employ journalists or ask reporters to gather news, but the content produced by reporters is still important to these online giants. These are the stories people share on Facebook. This is the data scraped from the Internet, when artificial intelligence is being developed. The news content creators are dwindling, but the content itself is going further than it ever has before. What happens when we do not have any more reporters to share our stories? Democracy dies in darkness, as I am sure members are aware.

In order to secure a future for local news, we must ask Facebook and Google to pay their share, to contribute to Canadian journalism. We must ensure that we continue to have journalists and that they are paid fairly for their long, uncomfortable, highly scrutinized and yet sorely needed work. That is why we need to pass Bill C-18. This bill would require the tech giants to fairly compensate publishers for the content distributed on their platforms.

My riding of Hamilton Mountain is particularly well served by local news outlets. There are radio stations, magazines, local web-based reporters, The Hamilton Spectator, Hamilton Mountain newspapers and CHCH TV, with hard-working reporters, editors, photographers and a myriad of other people with the skills required to make it all work, ensuring that the people of Hamilton know when there is something they need to know.

Bill C-18 would help smaller outlets. They can work together to negotiate collectively with big tech giants. Bill C-18 would require these tech giants to broker deals with smaller outlets. If a fair deal cannot be reached, the negotiations would move to final-offer arbitration.

We need to acknowledge and mitigate the threat that tech giants pose to our local news outlets based on the balance of power they hold. We need to empower and strengthen our local news teams. Most news organizations in Canada, which produce journalism as already defined under the Income Tax Act, will be eligible for the online news act, whether they are big or small, local or national.

This is bigger than just Canada. We are following in the footsteps of other countries, such as Australia and France. The online news act is based on the Australian model, where digital platforms that have a bargaining imbalance with news media are required to make fair commercial deals. As we saw in Australia, collective bargaining was essential for ensuring that small publishers got good deals. That is why this legislation does the same. Other countries are watching what we in Canada do in order to follow in our footsteps, because they also see the dire need to protect their journalism.

Regrettably, there has been a campaign of misinformation surrounding this bill. Tech giants have tried to convince small news outlets that Bill C-18 will hurt them. The opposite is true. This bill is good for local news. News producers maintain their freedom of expression and their editorial and financial independence. Bill C-18 is about supporting fact-based local Canadian journalism in a fair digital marketplace.

To hear tech giants and opposition members spread misinformation about this bill really gets to me. It is appalling. I have heard this called a “link tax”. There is nothing in Bill C-18 that makes platforms pay per click. There is no tax. The government is not collecting any money. Now more than ever, as we face rampant disinformation and lost trust in our institutions, we need quality, fact-based, objective news reporting at local, national and international levels.

The intimidation tactics that we have seen from tech giants are quite troubling. From February 9 until March 16 of this year, Google ran tests that dangerously blocked and censored news from more than a million Canadians. When Google ran similar tests in Australia, it blocked access to other institutions too, like a hospital and a shelter for women escaping violence. Instead of directing people to those sources, Google directed its algorithm to promote sources of questionable quality, sources known for conspiracy theories, for example.

When Google uses tactics like blocking Canadians' access to news and information, it fails to be a reliable service for consumers. By running tests that block access to news, Google is hurting Canadians and damaging Canadian democracy. Rather than being good corporate citizens and working with legislators, tech giants have been trying to strong-arm and intimidate us. There is derision in lieu of thoughtful, meaningful engagement with the parliamentary process.

Our government supports journalism, full stop. We have the local journalism initiative, the Canada periodical fund, the journalism tax credit and the digital news subscription tax credit. With Bill C-18, we are taking another step to encourage, support and stand up for our local news outlets.

A free and independent press is absolutely essential to Canadian democracy. I am proud of the work I did for more than 20 years as a journalist. To come full circle, I am equally proud of the work we have done as a committee and as a government on this piece of legislation.

Let me just talk briefly about the Senate amendments to this bill. I am encouraged that we agree with the majority of amendments made by the Senate. Out of the 12 it suggested, we accepted 10. It is very reassuring.

The government respectfully disagrees with amendments four and five. These changes would undermine the objectives of the bill, which focus on encouraging fair deals. The amendments would narrow the scope of the bargaining process between platforms and news outlets. We cannot add an amendment that would limit the ability of news publishers to negotiate fair compensation with large tech giants. A main component of this bill is a fair and independent framework for Canadian publishers and journalists to bargain with tech giants. Amendment five would improperly benefit the platform at the expense of the publisher.

Once again, I thank my colleagues at the Canadian heritage committee and thank the Senate for its thoughtful deliberations.

Online News ActGovernment Orders

June 20th, 2023 / 5:05 p.m.


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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I appreciate everyone's questions. Earlier, I was in the lobby with a colleague. We were talking about how the process required to come up with a law that makes sense and that meets the requests of all regional media is long, cumbersome and sometimes tedious.

I would like to point out something important. When the flooding in Baie‑Saint‑Paul happened, residents got information from community radio stations and community television stations. They got updates in the local newspaper, Le Charlevoisien.

At the moment, the staff at these media outlets are struggling. They are always on tenterhooks, wondering whether they will close their doors or be able to stay afloat. That is what Bill C‑18 is for. It provides a foundation. After that, the government will have to collaborate with us to consider the possibility of a new fund, because all these small media outlets have been in financial peril for too long. There will have to be a fund.

I would like to know if my colleague is open to a fund for media outlets that are at risk—

Online News ActGovernment Orders

June 20th, 2023 / 4:50 p.m.


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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, my Conservative friends are very good at criticizing, but they offer very little by way of solutions to real problems. For all the years that we have been talking about fighting climate change, we have constantly criticized the government, and rightly so, because the Liberals are absolutely useless at fighting climate change. However, the Conservatives do not offer any meaningful solutions to real problems.

The revenue sharing in Bill C‑18 is a real problem. In my riding, there is a weekly newspaper that had 10 journalists five years ago. Now there are only two left. How can they cover all the events? There are six federal ridings and there is simply no way they can cover all the regional news, which is extremely important.

What solutions does my colleague have to offer for this problem that is real and widespread across Canada?

Online News ActGovernment Orders

June 20th, 2023 / 4:35 p.m.


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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, it is a pleasure to have the opportunity again to address Bill C-18 in the House.

I am pleased that the Senate has exercised its judgment as the place of sober second thought and sent this legislation back to the House for further work.

Right off the top, I will say that there are three areas where all members of the House are in agreement. First, we all agree that there should be some mechanism whereby tech giants are taxed, and that we do so in a way that does not negatively affect Canadian consumers. Second, we all agree that there must be some mechanism in place to deal with online misinformation and disinformation. At every one of our offices, we deal with this issue on a daily basis. Third, we all agree that we must create a framework to regulate AI or artificial intelligence.

We agree on these three principles. The issue, as is usually the case in the House, is how we go about doing that.

How do we make tech giants pay their fair share? How do we regulate information online and, perhaps more pertinent to our conversation today, particularly in light of the events of the past three years, who determines what is misinformation? How do we differentiate between fact and opinion?

In our postmodern world, or what some have called a post-truth world or a world where truth has become a relative or entirely subjective concept, how do we, as governments and media, differentiate and adjudicate between truly evidence-based information versus that which is driven by ideology and political expediency? Finally, how do we even begin to deal with the challenges posed by artificial intelligence?

In the Bible, we have the story of Adam and Eve eating the fruit of the tree of the knowledge of good and evil. We have the story of the Tower of Babel, where people believed that by building a tower to heaven, by storming God’s dominion, they could themselves become God. We have heard the story of Pandora’s box, or jar if we want to be exact, and the story of Prometheus stealing fire from the gods.

Almost every ancient civilization has some story of humanity receiving or taking knowledge from the gods, knowledge they were not ready for, that they were ill-equipped to handle and that ultimately leads to chaos.

With the advent of the technological revolution and, in particular, artificial intelligence, humanity has come full circle to a truly frightening reality. It is good that we are beginning to address these important issues. It is good that we are at least largely agreed on what those issues are.

Unfortunately, as is always the case with the government, the flaw is in the details. There is a reason that the Senate sent this back. It could have chosen to just approve it. It sent it back and that is because this legislation, like its sister legislation Bill C-11, is deeply flawed.

Conservatives maintain that the government has misled Canadians about what the true objectives of Bill C-11 are. In short, it gives the government the ability to control what people see and post online. That is why Conservatives have committed to repealing it. I suspect that we will do likewise after Bill C-18 has been passed, and we are sitting on the other side of the House.

Like Bill C-11, at first look, the legislation looks fine and prudent, but then one starts to dig a little deeper. The flaw is in the details. One of those first pesky details is the issue of accountability. The government says that tech giants need to be more transparent and accountable to Canadians, which is the pot speaking to the kettle.

I agree. I am pretty sure my colleagues agree with this statement. Tech giants, like all multinational, plutocratic entities, do need to be held accountable. If they wish to operate within the jurisdiction of a country, those individual nation states must find a way to temper the unprecedented power, influence and wealth these entities have amassed.

When it comes to transparency and accountability, the government has very limited credibility. How the government can have the audacity to tell anyone they need to be more accountable and transparent shows its utter lack of self-awareness and the level of narcissism we are dealing with here because there has never been a government that has been so secretive. This government has so actively shunned accountability.

When, in the long line of scandals and failures of the Prime Minister and his ministers, has even one of them ever taken responsibility? I think the record clearly shows that the answer to that question is never. I could stand here and, one by one, list the scandals and failures of this government, but we would be here all night, and I know we have other work do get done here.

There is always an excuse, always someone else to blame. The government never takes responsibility. No minister has ever been held accountable. Actually, that is not quite true. We may remember that the Prime Minister did fire a minister. What did she do? Did she fail to execute the basic functions of government? Did she create chaos in her department? Did she misappropriate funds? Did she lie about a matter of national security? No, she did not. Her crime was that she tried to hold the Prime Minister accountable. She was the first indigenous woman to be minister of justice and attorney general, and the Prime Minister fired her because she refused to be party to his misdeeds or to capitulate to his unlawful demands.

When it comes to accountability, the Liberals have no credibility. Therefore, how can Canadians trust the Liberal government to enforce the very thing that the government itself refuses to do? That same statement from the heritage minister’s office states, “Canadians need to have access to quality, fact-based news at the local and national levels, and that's why we introduced the Online News Act.” I agree with that sentiment. The problem is that it is really difficult to take the government at its word when it has spent the past seven and a half years subsidizing media outlets that are friendly to it, intentionally parrot government talking points as “facts” and brand everything else as “misinformation”.

The Liberals gave legacy Liberal media $650 million and continue to fund the CBC to the tune of $1.24 billion per year. Why do they need to do this? First, it is to buy positive coverage, and they have gotten excellent bang for their buck. There is always a cost-benefit analysis, and the benefit seems to have been worth the cost of taxpayers' dollars. Second, they have done so because those friendly outlets are dying. They are trying to prop up a dying industry.

With the exception of a brief renaissance during COVID, when flush with Liberal government dollars, the media spouted government talking points and spread fear and division among Canadians. They have ceased to be relevant. We can bemoan that fact all we want, but I would ask, as I believe my colleagues have adequately done, what members' primary source for their news and entertainment is? Chances are that it is something online. I think this is really at the heart of the issue. I would pose this question to the government: What is a better indicator of what people actually believe, what they say or what they do? I would argue that it is what they do.

In the same way as the government’s track record, its behaviour has shown that it does not really believe in accountability. It also does not care about what the media prints or posts as long as it is favourable to the government. However, Canadian consumers have also spoken by their behaviour. If we were to ask a group of Canadians to define “Canadian content”, it would be difficult to get consensus. The platforms that Canadians subscribe to, the shows they watch and the content they consume would probably not be considered Canadian content by all Canadians.

Maybe listening to Canadians rather than dictating to them what the government wants them to see as Canadian content would poise the government to better serve Canadians. If we were to ask a group of Canadians how important Canadian content in media is, I suspect about half would say it is important. If we were to ask that same group how much Canadian content they actually consume, what platforms they subscribe to and what shows they watch, the answer would most likely be pretty different.

Perhaps, for once, rather than dictating to Canadians, the government that supposedly represents their interests ought to take the novel approach of listening to them. While it is listening, it should ask them what they think about the carbon tax, the cost of living, this so-called green and woke agenda, their media priorities and whether they feel safe on the streets. This is Conservatism 101. The market is the best indicator of what Canadian people want, because it is driven by Canadian people. Rather than accept this reality, the government that thinks it knows better than Canadians how to spend their money, consistently pushes back against the market to achieve its own ideological purposes.

At the end of the day, the market determines the viability of a product, including media, so we need to address these issues. Conservatives agree with that, but the weaknesses of this legislation are secondary to the sad reality that the government lacks credibility. It is a serial offender, guilty of doing the very things it claims this legislation would address.

Only a new, Conservative government would be able to address these important issues, and we will address them head-on—

Online News ActGovernment Orders

June 20th, 2023 / 4:20 p.m.


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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I want to thank my colleague, with whom I am fortunate to serve on the Standing Committee on the Status of Women. We have some great discussions there.

I too have worked in a newsroom and studied journalism. I am speaking on behalf of local media in my region, which want us to pass Bill C-18 because they want the web giants to pay their share. Whether it is La Voix de l'Est, the radio station M105, La Pensée de Bagot, Le Journal de Chambly, Granby Express or Le Val-Ouest, these local media, which contribute to the local economy and are part of our cultural community, are calling for it to pass.

I am not hearing from anyone at those media outlets about the administrative problems that my colleague just mentioned. All they want is for Bill C‑18 to pass. They need it. They are asking for it.

Online News ActGovernment Orders

June 20th, 2023 / 4:20 p.m.


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Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Madam Speaker, I would like to answer the member opposite by saying that yes, I have worked in newsrooms. For more than 20 years I worked in newsrooms.

I also sit on the heritage committee. I know that this legislation is possible because it is already working in a similar form in Australia, supporting small local news outlets in Australia.

Bill C-18 creates a framework so that news organizations have the power to negotiate with big tech. There is no money coming from government. There is no money going to government. In what world could one call that a subsidy?

Online News ActGovernment Orders

June 20th, 2023 / 4:10 p.m.


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Conservative

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Mr. Speaker, I will be sharing my time with the member for Provencher.

As always, I recognize what a privilege it is to stand in the House of Commons and represent my community of Peterborough—Kawartha.

Today, we are debating Bill C-18 amendments that have been brought back from the Senate. It is known as the online news act. In a nutshell, this bill proposes to make big tech like Google and Facebook or Meta, as it is now known, pay when they share links from smaller independent legacy media. This bill is deeply flawed and, quite frankly, it is an absolute disaster.

I grew up just outside Peterborough, Ontario in a town called Douro. We had about three channels. As the youngest child, it was my job to be the human remote control. It was also my job to turn the dial for the aerial outside to make sure it was just right. Everyone at home who was a child of the eighties knows what I speak of. My favourite shows were the CHEX news, The Raccoons and The Beachcombers.

When I was nine we moved to the township of Otonabee and we got a satellite dish. It was a huge deal. If someone pressed a button, the giant satellite dish out in the yard moved with a remote control with hundreds of channels.

As technology has rapidly progressed, the customer has definitely taken more of a driver role. The customer says what they want, when they want and how they want it.

There are so many more options and it has increased competition, which has made it harder and harder to capture the attention of the customer. Local news will always be relevant. Local news will always be a priority because we need to know what is happening in our community. We want to know.

The landscape of how we consume media has drastically changed but our need to stay connected and informed has not. I worked at a local television station for 14 years and then I went on to start my own business in social media. I know the value of local media.

I also know the competition has dramatically impacted our legacy media and not necessarily in a positive way. I worked for CHEX television at that time and we always dreamed of having a satellite truck so that we could go live. Imagine doing live hits. We were a small-town news media but with a big following because people wanted to stay connected. Then along came this little guy and we could go live with our phones like that.

Bill C-18 is not going to help legacy media. It is going to hurt them. Bill C-18 is a subsidy program. It is not a support program and it will never work. It also opens a dangerous door for censorship and control. It is a terrible idea hidden behind a classic Liberal narrative of "We will protect you and we know what is best for you."

This morning I spoke with Jeff Dueck, who is the sales manager from My Broadcasting Corporation in Peterborough, Ontario. He has major concerns with this bill. He shared many of his concerns with me, but the one that struck me the most is when he told me that they do not want subsidies but they want an equal playing field.

Subsidies are the polar opposite to sustainability and they are a classic Liberal tactic. They create chaos and then offer a sliver of help and long-term dependence, rather than freedom and autonomy. Canadians have caught on and the trust is gone. Jeff went on to say this:

The inability of our Government and the CRTC to listen to us and modernize outdated policies is slowly killing our industry, and in doing so, putting Canadians at risk of losing access to valuable sources for local news and information from trusted media outlets. When major players make major changes, it affects us all and stigmatizes us as a “passe“ business model amongst the businesses that we count on for advertising revenues - but that's still far from the reality.

If people take anything from this, please listen to what I am about to say. The harsh reality of this bill is that despite its intention, it is actually going to do the exact opposite.

If I were at Google or Facebook and the government told Google or Facebook it had to pay to share the links of small legacy media, what motivation would I have to share it? I would have none, zip. I would not share it. That is what is going to happen. This methodology is literally the stick instead of the carrot.

The truth is that one of the very best ways to get news to more people is to have a bigger platform to share it. That is the exact thing one would want. Once a bigger platform shares one's content, they are then able to tap into a whole new audience. Once they have that audience they have the opportunity to promote their subscription or merchandise. It is literally the best way to grow their business and brand online.

Bill C-18 will destroy legacy media: it will no longer be seen because it will no longer be shared.

Andrew Coyne, a columnist at The Globe and Mail, said it well when he said:

The premise, that the problems of the newspaper industry can be traced to search and social-media platforms like Google or Facebook "stealing" their content, is utterly false. The platforms don't take our content. They link to it: a headline, sometimes a short snippet of text, nothing more. When users click on the links, they are taken to our sites, where they read our content. Much of the traffic on our sites, in fact, comes from social-media links, which is why we go to such lengths to encourage readers to post them - indeed, we post such links ourselves, hundreds of times a day.

Has anyone even begun to ask how in the world this would work administratively? Who, and how are the links going to be tracked? Who is billing? Is it the legacy media's job to be their own watchdog and submit a claim? I am not sure who has worked in a newsroom in this room, but I can tell you, nobody has time for that. We do not need another government-run program with more bureaucracy to create more backlogs.

This whole idea is bonkers. It is a distraction from the out-of-date and archaic mandates by the CRTC. The real problem here is there are a bunch of platforms that can play what they want. They have no rules and no restrictions. Then there are legacy media that are bound by the archaic shackles of the CRTC.

How about we let radio stations play the music they want? That would be a great start. Of course they will continue to promote our talented and diverse Canadian artists. How about we trust them to listen to the customer instead of holding them hostage?

Bill C-18 is a terrible bill. It will be the death of our legacy media. If members in this House want to support our journalists and artists then they need to vote this down. Seriously, if members do not believe me, they should pick up the phone and listen to the people on the front lines. They know this is a disaster.

Jen Gerson is the co-founder of The Line, an independent journalist. She was a witness at the Standing Committee on Canadian Heritage in September 2022. She said that this bill:

...is predicated on a lie. The bill adopts a very ancient complaint of newspaper publishers that aggregation-based news websites and social media networks are unduly profiting by “publishing” our content. However, we know this isn't true. In fact, the value proposition runs in exactly the opposite direction. We publishers are the ones who benefit when a user posts a link to our content on Facebook, Twitter and the like. This free distribution drives traffic to our websites, which we can then try to monetize through subscriptions and advertising.

Legacy media does not need Liberal interference and control. They need the government to get out of the way, stop regulating how they do their jobs and let them do what they do best, which is to create content Canadians want to consume. If Canadians cannot see the content, what is the point in creating it? Let us make sure that legacy media's hard work pays off. Let us vote down Bill C-18.

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, and of the amendment.

News Media IndustryOral Questions

June 20th, 2023 / 3:10 p.m.


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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalMinister of Canadian Heritage

Mr. Speaker, I want to thank the member for Châteauguay—Lacolle for her question and her absolutely great work.

Bill C‑18 is crucial to save our newsrooms and make web giants pay their fair share. However, at every step of the process, Conservative politicians have filibustered to block passage of Bill C‑11 and Bill C‑18, because they would rather defend web giants than defend Canadians, jobs and our freedom of the press.

On this side of the House, we will continue to stand up for our democracy. We did it in the past, we are doing it today, and we will continue to do it.

News Media IndustryOral Questions

June 20th, 2023 / 3:10 p.m.


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Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Mr. Speaker, a free and independent press is vital to our democracy. Last week, we learned that 1,300 families were affected by Bell's layoffs, while the online platforms and web giants benefit from access to the Canadian market, but have no responsibility towards our artists, creators and local Canadian media. That is another example of why we need Bill C-11 and Bill C-18 to make the web giants pay their fair share to our local media.

Can the Minister of Canadian Heritage tell the House how our government made a commitment to defend our democracy?

Order and Decorum in the HousePoints of OrderGovernment Orders

June 20th, 2023 / 1:55 p.m.


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Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I rise on a serious point of order with respect to the right of the member for Lethbridge to speak during the debate that is currently on in the House.

At the end of the time provided to question the Minister of Canadian Heritage for his use of time allocation on Bill C-18, the online news act, there was a heated exchange between the minister and the member for Lethbridge. It is no secret that the member for Lethbridge is a fierce critic of the minister and has opposed his legislation every step of the way. She makes the point that Bill C-18 is the next step in the government's censorship of the Internet. The member has repeatedly argued that the minister is the one rewarding tech giants, as he will give them more power with Bill C-18. The minister accused the member for Lethbridge of using the talking points of tech giants in opposition to the bill. In response, the member for Lethbridge accused the minister of lying.

We know that term is unparliamentary, and I accept the decision of the Assistant Deputy Speaker to call her to order. It should also be pointed out that, when one member makes a false claim about another member, it is not uncommon for disorder to follow. The member for Lethbridge did the right thing when she said clearly, “I will apologize for using that word.” She went on to say, “He misinformed the House.” This is a matter for debate, although for my part, I agree with her.

The Chair took exception to that comment, informing the House that the member for Lethbridge would not be recognized for the remainder of the day. To be clear, the member did not accuse the minister of deliberately misinforming the House. She simply made the point that the minister was misinformed and brought that misinformation to the House. At most, this is a point of debate. It is not something that a member should be sanctioned for.

The irony is not lost on me that the member is being censored during debate on what amounts to a censorship bill. In my view, this is a heavy-handed response from the Chair, given the poor behaviour of Liberal members in recent days. The Chair has accepted apologies for behaviour that is far more egregious without Liberal members attracting any sanction.

We can take the member for Kingston and the Islands as an example. Last week, he gave me the middle finger when I called him out for denying a unanimous consent motion that called for Paul Bernardo to be put back in maximum security. That member gave the most insincere apology I can recall in the House. There was no sanction for him. In fact, later that day, he was given the floor in the debate.

Therefore, I would expect that the apology from the member for Lethbridge would be accepted by the House and that the Chair would allow her to participate in the debate this afternoon. Further, the House would benefit from even-handed application of the rules that is not seen to benefit one party over another. I would like the Speaker to clarify how the rules should be applied, regardless of who is presiding over the debates.

Online News ActGovernment Orders

June 20th, 2023 / 1:40 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I always appreciate input from the leader of the Green Party. I am not sure if she was here for the beginning of my comments. The bottom line is that it is important for Canadians to realize the degree to which the government is working with some opposition parties in this House in order to pass important legislation.

I indicated at the beginning of my remarks just how important our community media outlets are. With this legislation, we have the opportunity to ensure that Facebook, Google and the big giant tech companies are paying for what they are receiving and utilizing through media news outlets. We are attempting to ensure that we have healthier community news and a healthier democracy, as a direct result.

I indicated earlier that I would talk about CBC. We have a government that is committed to supporting CBC and I would love, during questions and comments, to hear some Conservative members make the commitment to support CBC Radio and CBC Television. I will not hold my breath on that point, but it sure would be nice for them to support that, if not Bill C-18.

Online News ActGovernment Orders

June 20th, 2023 / 1:40 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am very entertained by my hon. colleague's speech, but I was wondering when he might discuss Bill C-18.

Online News ActGovernment Orders

June 20th, 2023 / 1:25 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I do plan to expand on that point shortly, but before I do that, I want to provide a bit of a different perspective on how important Bill C-18 is. It needs to be placed in the real world context to see how it would protect our national community news agencies and media. It is so very important.

I often will go to a lot of events, as members on all sides of the House do. Often it is the community news people who are at those events, taking pictures, doing interviews and so forth. If it is a local basketball game or championship game at a local high school, it will be the local newspaper that highlights it.

I go to many different types of ethnic events. Whether it be the Pilipino Express News Magazine, Filipino Journal, Punjabi Today or CKJS radio, these community-driven news agencies, newspapers, radio and media are reporting on the things taking place. There are pictures and everything else incorporated.

While visiting constituents in their homes, I often see that they have a newspaper produced in the community. They will show me where their son or daughter's name is in that community newspaper or where a local community event is being profiled in the paper.

It does not matter whether people are from urban or rural communities, whether they are from the east or the west or up north, these small news agencies play a critical role in our community development and society as a whole and, absolutely, 100% with respect to our democracy. One of the fundamental pillars to a healthy democracy is to have a healthy media. That is why the minister of heritage has often talked about the importance of supporting journalism, supporting those news media outlets.

I believe the minister referenced the year 2008, a year when just under 500 media outlets of different sizes from different areas of the country completely disappeared. We should all be concerned about that. Local media is how we often find out about the birth of a child, or that someone has died or an announcement about a parade to be held in our community It is often how we will hear about grand openings and so many other things. Not to mention that elected officials will often take political accountability by providing writing or commenting through local media.

I want people who are following the debate to understand just how important it is that we as a government are here to support our media. We are not the first government in the world to do so. We have heard about Australia and France. I believe that many countries around the world are following the debate on Bill C-18.

I am disturbed by the Conservative Party's approach to this legislation. All of us should be. Is it working with the giant tech companies ? Has it been intimidated by the giant tech companies?

The member for Kingston and the Islands raised a quote. I would like to reinforce that. For my Conservative colleagues across the way, I suggest they look at that election platform, the platform that they shared with millions of Canadians in the last federal election.

Page 155 of the 2021 Conservative platform, which has a picture of the former leader on the front of it, says, “Canadian media is in crisis. The loss of digital advertising revenue to American tech giants like Google and Facebook is putting local newspapers out of business, costing Canadian jobs, and undermining our ability to tell local, Canadian stories.” I agree with that. In fact, if I did not tell people it was coming from the Conservative platform, I would feel very comfortable making that statement.

I will continue to read from the Conservative platform. It says, “Canada’s Conservatives don’t believe that the solution is for the government to provide direct funding to hand-picked media outlets”, and I disagree with that as I see the value in CBC and I will provide further comment on that shortly, “something that undermines press freedom and trust in the media. Instead, we will secure a level playing field for Canadian media, ensuring that Canadians are paid fairly for the content they create while encouraging the creation of more Canadian media and culture.” I have some difficulty with some of the things in that statement, but the Conservatives raise the importance of the issue.

It goes on to say, and this is the platform's bold statement, “Canada’s Conservatives will: Introduce a digital media royalty framework”, and that is what we are debating in Bill C-18, “to ensure that Canadian media outlets are fairly compensated for the sharing of their content by platforms like Google and Facebook.” If members were to review Hansard and the debate we have had on this, what are the two platforms we are talking about? Google and Facebook. This legislation is, in essence, taking what is in the Conservative platform.

It goes on to say, “Adopt a made in Canada approach that incorporates the best practices of jurisdictions like Australia and France.” Members on this side of the House have said that. The legislation and establishment of the framework is based on what has come out of Australia and France. Our legislation goes even further. It would ensure there is a higher sense of accountability and transparency.

Let us go back to the last federal election. In that election, Conservative candidates, 338 of them, had a platform document. Every one of them campaigned on that. The legislation we are debating, what we are proposing to do with this legislation, is fulfilling something they committed to doing. I would have thought the Conservative Party would have supported Bill C-18.

Why are the Conservatives not supporting it? We listened to the critic. We listened to a few other Conservatives. We get the impression that they have been intimidated by giant tech companies like Facebook and Google. What is the other option? That they agree? What about the commitment they made to Canadians? This is in opposition to that.

This is not the first time. They did the same thing on the price on pollution. They made a commitment and they broke that.

I would argue that this is not the same Conservative Party from the past. This is very much a Reform Party and maybe even further to the right than the Reform Party was. This is what Canadians need to be aware of.

Why would the Conservatives not want to protect the national interest and give more strength to our democracy by supporting Bill C-18? They have gone out of their way to protect those giants. I would be disappointed if the government were to back down because Facebook says it is going to pull its news ads. I am not a computer tech person. I know there are all sorts of things people can do through the computer and maybe they have ways they can pull out the news ads; I am not 100% sure how that works. However, what I do know is that I am not going to be intimidated, whether by Google or Facebook. If Facebook operators believe that they do not need those stories in order to sustain the type of growth that they have experienced and wealth that has been generated because of journalism that has been utilized through their companies at no cost, I will stand by Canadians. I am going to stand by our democracy. I am going to stand by the jobs and the importance of that industry because I recognize its importance.

The Conservatives have now said they are going to pull all stops out. They do not want this legislation to pass and they have been very clear on that.

I had posed a question in regard to the budget implementation bill when the leader of the Conservative Party had a big press conference. In the press conference, he said he was going to speak and speak. He has unlimited time on the budget implementation bill. He was going to continue to speak until ultimately the Prime Minister backed away and changed the budget, even though hundreds of millions of dollars are flowing through the budget implementation bill in order to support Canadians. A few hours later, that kind of fell flat. Why was that? It was because not only did the Liberals see through the charade, but opposition parties outside of the Conservatives saw the charade and the propaganda stunt that the leader of the Conservative Party was trying to pull off.

Just yesterday, with respect to Bill C-42, the corporations bill, the Conservative Party actually supported the legislation. Everyone supports the legislation. However, the Conservatives want to apply that very same principle in terms of what they want to apply to Bill C-18, and that is to prevent government legislation from passing. Therefore, the Conservatives continue to put up members to speak and if it were not for time allocation, again, that legislation would not have been able to pass.

Now, the Conservatives are shocked or at least surprised that the government has brought in time allocation on Bill C-18. They should not be surprised. After all, they just need to look at their record; they try to frustrate the House of Commons, to deny Canadians the opportunity to have legislative measures that are going to protect their interests. We have consistently seen that from the Conservative Party. The Conservatives put their political party and their fundraising ahead of the interests of Canadians.

Let us listen to the first question, when the Minister of Heritage was answering questions as to why time allocation was necessary. The first person up for the Conservative Party asked why the government was bringing in time allocation, saying that they should be allowed to have all of their members speak to the legislation.

They should do the math. If every member speaks, that means how many hours of debate? How many more hours are there before the summer recess? It is not a question of whether the Conservatives will allow the legislation to pass before the summer break, they want to kill the bill. They do not want the bill, period, end of story. That is their intention.

That is why I posed a question to my Bloc friend. The essence of the question was whether the member believes that the Conservatives, had we not brought in time allocation, would have allowed this bill to pass before the summer recess. If the member from the Bloc were to be honest with the chamber, he would probably recognize that the Conservatives have no intention whatsoever to pass this legislation, definitely not before the summer break. If we did not have at least one opposition party supporting what we are doing, this legislation likely would not see the light of day in terms of its passing.

I need to remind the Conservatives, as they like to remind us, about the last election and there being a minority government. In a minority government, we have to continue to be focused on Canadians, delivering legislative and budgetary measures and working with the opposition. Fortunately, most opposition parties have a more co-operative attitude and recognize that they too have a role to play in a minority government. It is not just the government's responsibility.

The only party that has failed to recognize that fact is the Conservative Party of Canada. It continues to believe its only role is to prevent legislation from passing. Then it criticizes us for bringing in time allocation motions and trying to limit debate on important pieces of legislation or budget measures. It is hard to take Conservatives seriously on things of that nature when we see them delay time and time again, such as with concurrence in committee reports. One of my favourites is when a Conservative stands and moves a motion for another Conservative to speak. Then there is a vote, which causes the bells to ring. Instead of debating, they try to determine which Conservative member should filibuster or they decide we are done for the day and move a motion to adjourn, again causing further delay. These are the types—

Online News ActGovernment Orders

June 20th, 2023 / 1:20 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I really appreciate the work of my colleague from Drummond.

I will also note that French-speaking Africa is a place where the francophone population is growing incredibly quickly. There will be millions of new francophones in the coming years. That is why Africa and the media presence in Africa are so important. Just as Australia served as a model for Canada, it is only right that Canada should serve as a model for other countries, such as the African countries.

Meta and Google siphoning off all the money is not just a problem in Canada or Australia. This is happening all over the world. Now the web giants need to pay their fair share. By passing Bill C-18, we will set an example for other countries.