Online News Act

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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is now 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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-18s:

C-18 (2020) Law Canada—United Kingdom Trade Continuity Agreement Implementation Act
C-18 (2020) Law Appropriation Act No. 2, 2020-21
C-18 (2016) Law An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act
C-18 (2013) Law Agricultural Growth Act

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 / 8:05 p.m.


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Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, I will be splitting my time with the member for Renfrew—Nipissing—Pembroke.

I rise today to speak about my concerns related to Bill C-18. This bill should be strongly opposed. We Conservatives believe that Canadian news media deserves to be fairly compensated, while the Liberals continue to fail to create effective legislation to support Canadians.

First and foremost, the Liberals claim that Bill C-18 would help smaller newspapers and media outlets. However, they fail to mention the fact that, according to the government's Parliamentary Budget Officer, more than 75% of the funding would go to large media outlets, such as the CBC. Less than 25% would be left for small media companies. The Liberal government claims to support small businesses, yet it continues to funnel tax dollars to its friends at media companies. Small news outlets' main competition is from corporations, such as the CBC.

We Conservatives proposed amendments that would level the playing field and support local and ethnic media. These amendments were rejected. The Liberals want to pick and choose their friends instead. Is $1.2 billion to the CBC not enough?

In the Senate, Senator Carignan tried to bring forth a motion to fix this. It was rejected.

According to former CRTC commissioner Peter Menzies, “Bill C-18 will only perpetuate a market already distorted by subsidy and it will punish independence.” He said, “If Parliament values a free press, it will not approve Bill C-18.” Do the Liberals admit that they do not like a free press? The Liberal government continues to help its elitist friends in high places and big corporations, while it forgets about the local and ethnic media outlets.

Dwayne Winseck, a professor at the School of Journalism and Communication and director of the Global Media and Internet Concentration Project for Carleton University said, “Canada's largest media conglomerates—some with revenue multiple times higher than what Google and Facebook earn in Canada—will likely be the biggest beneficiaries of the bill”.

In December, the government cut off hearing from witnesses at committee, silencing experts from dozens of independent and digital news outlets who wished to speak. Rather than focusing on Canadian experts, the government relied mainly on non-Canadian critics of the digital platforms Google and Meta to tout Liberal talking points.

The Minister of Canadian Heritage deceptively stated that 400 news outlets had closed since 2008. However, he failed to mention that the same study he was referencing showed that hundreds of new news outlets had opened during the same time period.

After criticizing digital platforms for not disclosing the details of existing agreements with news outlets, the Liberal and NDP MPs on the committee rejected a proposal brought forward by Conservatives to require greater transparency. Now they have brought on time allocation to silence Canadians' concerns. The Liberal-NDP government has no interest in listening to these concerns. It wants to silence anyone with opposing views.

Furthermore, Bill C-18 poses a grave threat to privacy rights. The bill includes provisions that would expand the government's surveillance capabilities, allowing it to collect and analyze vast amounts of personal data without sufficient oversight. This erosion of privacy is deeply troubling. We should have the right to live our lives free from unwarranted surveillance and invasion of our private affairs.

By giving authorities unchecked powers to collect and analyze our personal data, this bill would put our privacy at risk and set a dangerous precedent for government intrusion into our lives. Just like Bill C-11, Bill C-18 would infringe on the rights and freedoms of Canadians.

Conservatives believe in the importance of a free and independent press. This bill would have significant implications for journalistic independence. Bill C-18 would empower the CRTC to obtain any information it considers necessary, including confidential information from news organizations. Conservative MPs brought forward amendments to guarantee the freedom of the press, but they were voted down by the NDP-Liberal coalition and the Bloc Québécois.

Another concern is that Bill C-18 would impact small businesses and start-ups. The bill would introduce stringent regulations and compliance requirements that would disproportionately burden smaller online platforms. This would create a significant barrier to entry for entrepreneurs, stifling innovation and competition. We must foster an environment that nurtures small businesses and start-ups, as they are often the driving force behind economic growth and job creation.

By favouring large corporations, the bill threatens to consolidate power in the hands of a few, reducing consumer choice and limiting opportunities for innovation and entrepreneurship. The bill would enable the CRTC to pick winners and losers among media; to no one's surprise, the Liberals' friends are going to be picked as winners. Conservatives brought forward motions to fix this. They were rejected.

Many experts feel that the bill is on a path to destroying Canadian media. They agree that the bill has deep flaws, which would lead to millions of dollars in lost revenue. This would set back media by years, and the projected losses that would be incurred because of Bill C-18 are greater than the funding and the tax credits.

The Liberals have extended the eligibility to foreign news outlets, and they have the audacity to claim that this will help Canadians. Broadcasters who are licensed by the CRTC but do not produce news are eligible.

From the Office of the United States Trade Representative, Ambassador Katherine Tai has warned that Bill C-18 would have serious trade implications for Canada. In a recent press release, a spokesperson for the U.S. Embassy stated the following: “We have...concerns it could impact digital streaming services and discriminate against U.S. businesses”. The U.S. has warned of trade retaliation, which would likely be equivalent to whatever the U.S. believed U.S.-based digital news intermediaries had lost as a result of Bill C-18. According to the PBO, this would be $300 million-plus. The Liberals have found a way to give Canadian taxpayer dollars to American companies, while at the same time, making trade relations with the United States worse.

Any government intervention into the free press must be carefully considered, as there is a potential to warp outcomes, stifle innovation, determine winners and losers, and compromise journalistic independence. In its current form, Bill C-18, the online news act, fails this test, according to the independent online news publishers of Canada.

Furthermore, the vague and ambiguous language used in Bill C-18 raises concerns about potential abuse of power. The broad definitions and discretionary powers granted to government agencies leave room for arbitrary decision-making and selective enforcement. This undermines principles of fairness and due process, which are crucial to the functioning of a just society. We must demand legislation that is clear and specific, while respecting the rights of individuals and the rule of law. The Liberals intentionally used vague language to deceive Canadians so that they can interpret the wording in a way that will allow them to give more and more help and funding to their friends.

The legislation before us fails to address the needs of Canadian media outlets. Conservatives have brought forward amendments to fix these issues, but the Liberal-NDP coalition, along with the Bloc, voted them down.

Conservatives will continue to stand up for Canadians, stand up for small businesses and push back against the Liberal government giving money to its friends. Canada needs more common-sense legislation without ambiguous words. We need legislation that uses strong wording that can be easily interpreted.

In conclusion, Bill C-18 represents a disregard for small businesses, as well as the principles of fairness and due process. The bill would help neither those struggling to survive nor those trying to enter the marketplace. We oppose the bill and demand a more balanced and thoughtful approach that respects our fundamental rights and effectively addresses—

Online News ActGovernment Orders

June 20th, 2023 / 8 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, the answer is quite simple: This bill will not do that. Although there are a few small publications that will benefit from Bill C-18, the vast majority of local and ethnic media will not.

During the study of this bill at committee, Steve Nixon, the executive director of the Saskatchewan Weekly Newspapers Association, made this point. He said that only four out of the 56 publications will benefit from this legislation.

The PBO has stated, as I mentioned in my speech, that 75% of the money will go to the CBC, Rogers and Bell. This government does not want to help small publications, and neither does that member's party.

Online News ActGovernment Orders

June 20th, 2023 / 7:50 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I am pleased to rise today in this place to speak to Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, which has been returned to the House by the Senate with amendments.

Before I begin my speech, I would like to point out once again the hypocrisy of the Liberals, who imposed time allocation on this bill for a second time earlier today. If that was not egregious enough, yesterday a member of the government interrupted a member of an opposition party in the middle of their speech to give notice that it would be moving a time allocation motion on Bill C-18 today. The government then switched debate to Bill C-42, forcing that opposition member to finish their speech this afternoon. Perhaps it is understandable that the government is in such disarray as it stumbles from scandal to scandal, mismanaging its agenda in the House so poorly that it must now rely on these heavy-handed measures at the end of this session, although it can always count on the blind support of its NDP backbench to bail it out.

Moving on to the bill, this bill will require digital platforms such as Google and Facebook to pay Canadian media outlets for sharing their news content. Digital giants will have six months to negotiate private deals to compensate Canadian media outlets before being required to enter into arbitration. The proposed legislation will also create a framework for the arbitration process.

This is yet another ill-conceived bill from the NDP-Liberal government. Subject matter experts have raised numerous questions and concerns about it, including the impact it will have on news media, the Internet in Canada and the benefit or lack thereof to Canadian media.

Some questions remain unanswered: Why was the CRTC selected to be the regulator? Does the CRTC have the knowledge and expertise capacity to do the job properly? Does the CRTC have the capacity to enforce the regulations once they are created? The answers to these questions and others are impossible to know, because they will stem from the regulations that will follow if this bill is passed into law.

Essentially, what the government is asking of us is to grant them these new powers and just trust that it will be fair in its application. It is a ridiculous thing to ask for. The government has been chronically plagued with introducing deeply flawed and deliberately vague legislation, leaving the details to be fleshed out by the bureaucrats through regulation, which does not get the kind of public scrutiny that bills do through a debate in this place.

It is not only that: The government has also been chronically plagued with scandals and cover-ups. How can it be trusted to do the right thing when it has shown time and time again that it is prepared to abuse its position of power to help out its friends?

The fact that the CRTC, which is a government entity, will decide which news outlets qualify under this legislation is effectively a form of indirect funding. This bill allows the CRTC to pick winners and losers by determining which news businesses are included and will get to bargain for compensation and which news outlets will be left in the cold. Conservatives proposed amendments to level the playing field but were voted down by the other parties. While the government may suggest that the CRTC is independent, I am not reassured. The WE Charity scandal came out of a supposedly independent process. The SNC-Lavalin scandal came out of that same supposedly independent process. For the Liberal government, an independent process is independent in name only.

Another flaw in the conception of this bill is the idea that hyperlinks possess monetary value. While 99.9% of Canadians may not be aware of it, a case decided by the Supreme Court of Canada in 2011 dealt with this very issue. In the case of Crookes v. Newton, the Supreme Court stated clearly in their decision that hyperlinks are akin to footnotes. Since footnotes do not carry a monetary value when used in publications, why should hyperlinks? Although access to the information behind the link is much faster than having to look up the reference in a footnote, the two are considered to operate in the same way.

The Supreme Court was quite clear in their findings on this case. Experts are asking why the government is ignoring the Supreme Court in this matter and whether it is planning on challenging this decision from over a decade ago. How does it reconcile what is in this bill with the Supreme Court’s ruling in 2011?

Another flaw in thinking that links have monetary value is that often publishers and sellers are paying to feature their links at the top of search engines or to boost their outreach on Facebook. It is interesting that when organizations are paying to feature their links on these sites more prominently, the government now turns around and says that it is the one that should be getting paid.

Initiating this “link tax”, as it has been called, can open the door to other issues, such as the ability of larger organizations to take less money per link than smaller organizations, making the larger organizations a more attractive partner for big corporations. That raises the question of how smaller websites will be able to compete.

The reality of media marketing is that organizations pay money to push links to their sites on platforms like Google and Facebook all the time. They spend quite a bit of money to do this. This boosting of their links is essentially an advertisement for their respective websites. Does providing access to these sites not boost user engagement with their articles? If Google or Facebook were taking the articles of Canadian news outlets and republishing them as their own, then we would have a real issue, but it is an issue that can already be addressed through existing laws and legislation. However, that is not the issue at hand. Anyone who has used Google would know that search engines do not republish articles in this way. If I were to search for an article, I would need to click through to the article in order to access the content behind it.

Another deep concern with this legislation is that the CBC would be the largest beneficiary of the provisions in this bill. The Parliamentary Budget Officer reported that the majority of the money—three-quarters of it, to be exact—would go to the CBC, Rogers and Bell, with less than a quarter left for newspapers. After the larger newspaper businesses take their share, very little, if any, would be left for local and ethnic media.

Canadians already give over $1 billion to the CBC each year. If the purpose of this bill, as the government purports, is to support smaller domestic media sources, why include the CBC? Again, Conservatives proposed an amendment to exclude the CBC so that more money would go to local and independent news sources, but it was voted down by the NDP-Liberal coalition and the Bloc.

In conclusion, I am very concerned that rather than helping Canadian news outlets, this bill would harm them by restricting their reach, as I have mentioned. Independent media are foundational to Canadian democracy. Experts in the field have raised the concern that this legislation would negatively impact this principle in Canada. When the government creates criteria for access to funds, even media organizations may self-censor to ensure they qualify. This could lead to Canadians having less information, fewer options and an unbalanced media field.

Once again, I am unable to vote for this bill in its current form.

Online News ActGovernment Orders

June 20th, 2023 / 7:45 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I wanted to point out to my friend from Coast of Bays—Central—Notre Dame that there are many things in the Standing Orders that are actually known as rules; they are not guidelines.

In the old days, Speakers who found somebody heckling, or violating the Standing Orders in other ways, would throw them out of the chamber for six months or more. This is not censorship; this is called decorum, and it is easy to follow the rules. One of them that I think the hon. member might want to take a look at is Standing Order 10, which says that, when the Speaker has stated a ruling, “No debate shall be permitted on any such decision, and no such decision shall be subject to an appeal to the House.” We should cease discussing something that happened earlier in the day.

To the member's points on Bill C-18, I do not see how it would be censorship. I may think it is flawed policy, but I do not see any censorship there, and perhaps he could explain where he sees censorship as opposed to an effort to, as the member said, support legacy media.

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.

Online News ActGovernment Orders

June 20th, 2023 / 7:30 p.m.


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Conservative

Clifford Small Conservative Coast of Bays—Central—Notre Dame, NL

Madam Speaker, I will be splitting my time with the member for Carlton Trail—Eagle Creek.

The NDP-Liberal coalition has been as sly as a fox and as slippery as an eel with this piece of legislation known as Bill C-18, the online news act. This is yet another Liberal attempt to control the online content available to the people of Canada. The government will pick winners and losers among our various media outlets with this faulty legislation if it passes.

When this bill was before our House of Commons' standing committee in December, the government cut off hearing from witnesses who wished to voice their concerns about the fairness for media outlets. These witnesses and media stakeholders who wanted to put forward their concerns were simply shut down. After hastily being pushed through the standing committee, Bill C-18 came back to this place, where the censoring Liberals called time allocation after just three hours and 20 minutes of debate. What utter disregard for the many journalists and media outlets whose livelihoods will be weighed in the balance should this law pass.

The NDPs who supported the Liberals, when their blushing brides wanted to rob witnesses of the opportunity to testify at committee, backed them again by shutting debate down and rushing to get this bill passed here and sent off to the Senate. This is what we have seen time and time again with these partners in crime when it comes to legislation that supports their socialist agenda.

Legacy socialist legislation, like Bill C-11, Bill C-21 or Bill C-35, routinely gets pushed through this House with no regard for the views of stakeholders, ordinary Canadians and the opposition party.

What is wrong with Bill C-18, one might ask? Why are we using our resources to oppose this legislation? How is it bad for the Canadian public? How is it bad for small and local and ethnic media? How is it bad for journalists who want to maintain their independence?

I will tell us a little bit about that.

While this bill was in our House standing committee, the Liberals' court jester, the Minister of Heritage, deceived the committee with fake stats. He claimed that news outlets are destined for extinction. He cited a study that showed that 400 news outlets had closed since 2008. The conniving part of this testimony was that he left out a very important piece, also outlined in that same report, which was that hundreds of new outlets had opened during that exact same period, yet the jester claims that this bill is about supporting local media and building a fair news ecosystem. Nothing can be further from the truth.

This bill will favour darlings of the costly coalition like the CBC. The Parliamentary Budget Officer reported that more than 75% of the money generated by this bill will go to large corporations like Bell, Rogers and the CBC, leaving less than 25% for newspapers. Very little of that will be left over for local and ethnic media after big newspaper businesses take the lion's share of that 25%.

According to the PBO, the Liberal claim that this bill will help sustain local newspapers and ethnic media is completely false.

That is why Conservatives tried to fix this grave injustice at committee but the NDP-Liberal coalition, and the Bloc, voted against the amendment.

Conservative senators tried to amend this bill to stop state-backed broadcasters like the CBC from competing with private broadcasters and publications for this limited money when they already receive secure funding from taxpayers' dollars.

According to the PBO, this bill would generate $320 million, and of that amount, $240 million would go to the big broadcasters: CBC, Bell and Rogers. They would be entitled to more resources than they can possibly use, to help them increase their market share, while smaller outlets like the Toronto Star could disappear, heaven forbid.

Bill C-18 is another greasy attempt at online censorship. It walks hand in hand with Bill C-11. The other place sent this bill back to this place with amendments made by its independent senators, while amendments proposed by Conservative senators have been completely disregarded. Witnesses at the Senate committee painted a grim picture for most journalism in Canada, but that testimony was disrespected and trashed, along with the amendments that arose from it. The Liberal government is determined to control what we see online. According to witnesses from The Globe and Mail, News Media Canada, La Presse, Le Devoir, CANADALAND, The Line, and Village Media, this bill would create enormous risk for the independence of the press, for the bottom line of news outlets and for the future of digital media across this country.

The government has disguised its eagerness to control what news can be shared online with its appearance to want to straighten out big tech, like Facebook and Google, and to protect small media. Does that sound familiar? The same Minister of Canadian Heritage used these exact same tactics with Bill C-11 by touting his protection of Canadian content; however, at the same time, he cut small media's global revenue streams.

The government is enlisting the help of the CRTC to determine what is news and what is not. When something is created to share information about something new, otherwise known as “news”, it would be up to the CRTC whether it can be seen online in this country. Who asked for this bill? Legacy media asked for this bill, and the Liberal government has responded. The bunch on that side of the House will make sure that their story, their narrative, their agenda and their propaganda get out, and that opposing viewpoints are silenced. That is what this is all about. The government will use this legislation to choose winners and losers in the information world, and if it does not match its socialist agenda, news will not see the light of day. Good journalists and independent news media risk falling by the wayside if this legislation receives royal assent.

Conservatives will fight censorship and stand up for freedom of the press, which is now much broader than what it once encompassed. This is a new world, and a new approach is required to fight censorship. Censorship can be easily enacted in the online world without anyone ever suspecting it. On this side of the House, we stand for freedom and for protecting the public from legislation which would restrict the news content they would see. This bill to protect legacy broadcasters would drastically impact what news Canadians can see online, and Conservatives will not go on the record as supporting it. Censorship is censorship, however one slices it, and I will not vote for a bill that supports it in any way.

To conclude my remarks, my thoughts are with my colleague from Lethbridge, who, in my opinion and in the opinion of many of my colleagues, has been censored. She has been treated unfairly. It rushed to my mind as I was speaking so much about censorship. Hopefully, my colleague will receive justice.

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

Online News ActGovernment Orders

June 20th, 2023 / 7:25 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am much in sympathy with what I have heard from the Conservatives around Bill C-18 to the extent of whether it will solve the problem. I am not hearing us identify the problem of social media outlets like Google and Facebook and the others having eviscerated the news media in this country, not necessarily by putting their content up without paying for it but by actually getting rid of the business model our newspapers used to rely on, like classified ads. The newspapers used to be able to rely on a source of income that is no longer there because foreign enterprises not paying taxes in this country have created a different marketplace that provides access to Kijiji and so on. I wonder if the hon. member has any comments on whether we could replace the word “platforms” with the word “publishers” and solve this problem.

Online News ActGovernment Orders

June 20th, 2023 / 7:25 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, I rise on a point of order.

We are studying Bill C-18, and it speaks about freedom, censorship and power imbalance. I notice the member for Lethbridge and the fantastic shadow minister for Canadian Heritage has been getting up to ask questions over and over, and ironically, the Speaker is censoring her on a very important debate that she has much to contribute to. I urge the Speaker to reconsider her ruling and stop censoring the member immediately.

Online News ActGovernment Orders

June 20th, 2023 / 7:20 p.m.


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NDP

Matthew Green NDP Hamilton Centre, ON

Madam Speaker, I believe I heard the hon. member suggest there were not any amendments to the bill. Quite accurately, there were around 96, one which happened to be Conservative. The majority of the Conservative amendments on Bill C-18 seemed to side with the big web giants, actually taking talking points from Google and Facebook to give them the loopholes and stronger negotiating powers instead of supporting Canada's news media. Would the member explain why their party consistently—

Online News ActGovernment Orders

June 20th, 2023 / 7:20 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, it is disappointing to hear the deputy leader of the Conservative Party taking this position and leading the fight against Bill C-18. Whether it is Bill C-18 or Bill C-11, a great deal of consultations have taken place. One sees that New Democrats, a member of the Bloc, a member of the Green Party, obviously the Liberals and even the former Conservatives, when the Conservative Party was under different leadership fewer than two years ago, supported the legislation.

What has changed, outside of the leadership of the Conservative Party? Why is the Conservative Party moving so far to the right? I would suggest it is going even further right than the Reform Party.

Online News ActGovernment Orders

June 20th, 2023 / 7:10 p.m.


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Conservative

Melissa Lantsman Conservative Thornhill, ON

Madam Speaker, I would also like to give a shout-out to my colleague from Lethbridge for fighting the heavy hand of big, bossy government, which has struck again with this bill. It has almost become a cliché, and its latest offender is this bill, Bill C-18. It is sad to see the Liberal response to an important and relevant modern issue concerning the place where bureaucracies, news providers and digital technology intercept.

We are here to debate a bill that would fix one problem, instead of the one that actually needs it. It proposes solutions that would not work, and is backed by a minister who has yet to accomplish an actual win during his tenure. In other words, it is business as usual from this minister and the government. The incompetence is often confused with malice, and I can assure members that it can be both. On the surface, Bill C-18 seems like a pretty innocent bill. The gist is that small independent news providers should have a chance to compete with the big fish and earn their fair share of revenue in a free market. That is fair enough as a concept, but when we dig deeper, we find that this piece of legislation is deeply flawed, and it would not accomplish the stated goal.

Over the past eight years, we have witnessed an unprecedented erosion of freedoms under the Liberal government, particularly with Bill C-11, the censorship bill, as just one example. It was among the worst bills ever brought to the House, with an alarming opposition from industry, experts, creators and even their own friends, not just once, but twice, thanks to the member of Parliament for Lethbridge, who is not allowed to speak.

During those same eight years, we have also seen an alarming growth in the size and the power of the federal government here in Ottawa, with new abilities to regulate, to give and take away, to pick winners and losers, and to define right and wrong. A government that is big enough to do anything or to be anything is the same government that is big enough to take anything or everything away.

The overbearing approach, whetted with incompetence, adds icing to the cake of this Liberal failure. Because there are no longer proper safeguards in the new powers that the government has given itself, there is no justification on any of the decisions. Some of the most senior ministers do not read emails. Others are not briefed, and some simply are place holders in organizations where it seems like nobody is in charge.

There is no accountability, and Bill C-18 is the epitome of this. It is big government, limited freedom and crippling incompetence all combined into one bill. The political calculation here was that the Liberals might be able to force Google or Facebook to pay for links and to pay their fair share, saying at times that upward of 30% of the costs for every news outlet would be covered by these two companies. However, when we dig into the bill, we see the opposite is true because the publishers post links themselves to increase traffic and get more revenue. We heard that, over and over, at committee. It never made much sense to begin with, but when we found out from Facebook that news is only 3% of its overall feeds, it now makes even less sense.

Beyond the minister's initial miscalculation, he has no answer as to how he would deal with Canadians overall getting less news as a result of this bill, unless, of course, he is going to stop all of the government advertising or, even more ludicrous, the Liberals are going to stop Liberal Party advertising, let us say, during a campaign. Of course, the minister is not going to do that. Even if he were threatening to do that, it is a completely empty threat. It is more empty rhetoric and bluster that Canadians would end up paying for.

Let us go piece by piece and break it down. My first point is big government. Here in Bill C-18, the CRTC would be back on centre stage, much like it is with the censorship bill. Bill C-18 would give this unelected, unaccountable body of bureaucrats sweeping new powers. It would be responsible for ensuring that big social media companies, such as Facebook and Google, reach licensing agreements with various new outlets and, if an agreement cannot be reached, it would have the power to step in to appoint a mediator, and then an arbitrator, to do the job, giving the government the power to pick the winners and losers, in a free market.

Who would benefit from these deals? It would not be the small and local independent organizations that actually need our help. Rather, it would be large, established groups that can afford the high-priced lawyers and can curry favour with the CRTC and, by extension, the government.

In fact, many outlets, such as The Toronto Star, The Globe and Mail, Le Devoir and more, have already reached deals. These big media groups might have the ability to negotiate with Facebook or even the federal government. Small mom-and-pop shops find themselves in a very different position. We have had confirmation of that already.

Lobbying records show that there was one meeting about Bill C-18 every four days over the span of eight months. We have had confirmation from the Parliamentary Budget Officer, too. He said that 75% of the money in this bill would go to CBC, Rogers and Bell, leaving only 25% for everybody else, precisely the opposite of the result one would want.

My second point is on limited freedom and forcing companies to pay for news access by mandating agreements in the free market. There would be less news, choice and independence. We have already seen the effects of that. Facebook recently shut down news-hosting services for some Canadians as a result of this legislation. That is a preview of what is to come. It is the most obvious thing that was going to happen.

If Google were to decide to do the same, it would again hurt the small independent producers. Large outlets, such as CBC, CTV or the Toronto Star, would not be affected. One can hardly say the same about the thousands of other independent broadcasters in Canada. The heritage minister can say this is not the intention, but the outcomes remain the same.

That brings me to my third point, which is incompetence. I will be frank. Only in this government could a heritage minister do no consultation, ignore opposing voices on not one but two laws, and fail so spectacularly without consequences. His record leaves much to be desired for anyone who looks critically at the issues and wants to do anything to solve them, whether in the House, in committee or in the Senate.

In front of committee, only a few weeks ago, the heritage minister could not answer basic questions about the legislation. From that bewildering appearance, we gather that he seems to believe the Internet is the problem. That is why he wants to regulate it with Bill C-11 and tax it with Bill C-18. He does not realize that the great equalizer, the Internet, is the place where all voices are heard, where people big and small can spread their ideas. It is the very outcome he wants to achieve.

The bill threatens that. Beyond the minister's crusade, this bill is extremely vague and unclear. It removes the certainties and the safeguards that anyone looking to Canada relies on. The minister likes to claim that he is working for the little guy, that he will not let Canadians get bullied by media giants. Again, that is exactly the opposite of what is happening. He is not working for the little guy. He is working in no way to rectify an issue. He is working to make the government, the CRTC, big media groups even more powerful and less accountable.

One cannot possibly be for big government, higher taxes, bigger bureaucracy, and for the little guy. One cannot have it both ways.

If the bill truly helps independent media, then why on earth would organizations keep speaking against their own interests? We have heard this debate all day long. They would not.

Here is what they do say. Phillip Crawley of The Globe and Mail called Bill C-18 a “threat to the independence of media”. Canadaland's Jesse Brown, no friend of the Conservatives, underlined the risks Bill C-18 poses to Canadians' trust in news providers. Witnesses at a recent Senate committee admitted that this bill would devastate the Internet traffic that media groups rely on.

Canada's Conservatives believe the Canadian news media should be fairly compensated for the use of their content by platforms such as Google and Facebook. The Liberals' approach to this issue through Bill C-18 is absolutely devastating. Not only will it not work, but it also creates a problem we did not have before.

Conservatives have listened to feedback. We tried to implement amendments to level the playing field at the CRTC, ensure journalistic independence and target aid to the smallest, most deserving broadcasters, the person starting their Substack out of their own home. At every step of the way, we were voted down.

This bill should be called the “no online news act” instead of the online news act. That is what it will do in practice. I will proudly vote against this bill. I will vote on the side of the independent media, which will be killed at the expense of a government again protecting its friends in legacy media.

Online News ActGovernment Orders

June 20th, 2023 / 6:50 p.m.


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Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Madam Speaker, I am rather shocked by my colleague's comments. I do not know what his point is.

My colleague is currently questioning freedom of the press and freedom of expression. There is nothing about that in Bill C‑18. That does not make sense.

Since he likes quotes, I will share one with him. Annick Charette, president of the biggest union of French-language news media employees, said that negotiating on unequal terms or without any obligation to achieve results rarely yields positive outcomes. She believes that Ottawa has the best possible legislative tools.

What does my colleague think about that?

Online News ActGovernment Orders

June 20th, 2023 / 6:50 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, talk about being paranoid.

It is interesting. The member talked about Bill C-11 and how the government wants to censor everything. He then went on to Bill C-18 and said we are going pay off the media so that the media will give us nothing but positive stories. The real manoeuvre, no doubt, is the fact that we were able to fool the Bloc, the NDP and the Greens into supporting the Liberals in bringing all of this together to pass this kind of legislation so that the Prime Minister of Canada would be almighty and powerful. That is the type of tinfoil hat talk that I think we are seeing across the way.

Does the hon. member really believe what he is talking about? Is this the type of thing he is promoting through his social media?

Online News ActGovernment Orders

June 20th, 2023 / 6:40 p.m.


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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Madam Speaker, I appreciate the opportunity to speak to Bill C-18 tonight.

The question I have for Canadians watching this evening is this: Does the Prime Minister want to control what they see and hear about him on the Internet? My colleagues have already mentioned what the Prime Minister has done, with previous examples. Jody Wilson-Raybould is a classic example of trying to control people in this House. He has also overlooked foreign interference to win elections, frozen the bank accounts of protesters and established mandates. There are countless other things showing that the Prime Minister's ultimate goal is control. He is not quite comfortable unless he has full control.

The predecessor to Bill C-18 is Bill C-11, the way I see it. Legislatively, the Prime Minister has already implemented a censorship bill. It has been called that by many people, including the Conservatives, and he rammed it through the House. I became very familiar with the previous iterations of this bill, Bill C-10 and Bill C-11, and he has now censored by law, through the CRTC, user-generated content. He wants to control it. He might not like the video that I post on YouTube. Freedom of speech still reigns in this country for now, but the Prime Minister may say he does not really like what the member for Prince George—Peace River—Northern Rockies is saying, so off he goes and he can no longer be on YouTube or social media.

We already see that the Prime Minister is gaining control by censoring Canadians, but let us look at what Bill C-18 would do, not in an opposite way but in another corner of what censorship does. This is by influencing what big media have on their newscasts.

The question is on censorship and what the Prime Minister considers he is doing in a positive way to influence media in his favour. This is the way I phrase it: Who does not get the money and who gets the money? This is from an article entitled “Sue Gardner: Bill C-18 is Bad for Journalism and Bad for Canada”. On who does not get the money, she says, “This process will benefit big legacy media companies at the expense of startups and indie publishers.” She goes on to say, “Meanwhile, many small and indie publishers are actually excluded from C-18; the bill excludes operations that employ fewer than two journalists, and excludes those ‘primarily focused on a particular topic’ in favour of those that make general interest news.”

That is a question we have to ask when talking about control. Small publishers are much harder to control, and big media is a lot easier to control. Just give them millions and billions of dollars and away we go.

Let us talk about who is getting the money. The same article says:

If news organizations became dependent on money from the platforms to sustain their operations, as they surely would with the passage of Bill C-18, this dependence would create an incentive for them to pull their punches in how they covered the platforms.

That is an example where media might say it does not want to go after someone because, after all, they are writing the cheques.

What is even more concerning, based on what I have alluded to regarding the control of big tech, is the control of government. This is from the same article:

For journalism to be trusted, it needs to be—and perceived to be—independent from government, and willing and able to be critical of government.... Bill C-18 deepens government involvement in the industry. This creates an incentive for the industry to be soft on the government, and it will further reduce trust in journalism.

That is not from me; that is from this writer. They continue: “And anything that reduces trust in journalism is dangerous—especially right now.”

I started by talking about who gets the money. Let us look at what the money looks like.

I have an article by Samantha Edwards entitled “What to know about Bill C-18, the proposed law that could affect Canadian news publishers”. It states:

A report from the PBO said of the around $329-million the bill would generate for news outlets, around $247-million would go to broadcasters such as the CBC, Bell, Shaw and Rogers.... “The fact that three-quarters of the money will be going to broadcasters, some of which are the richest companies in Canada, plus the public broadcasters which are heavily subsidized already, undermines the government’s whole premise of the bill”....

What is the temptation? I have already talked about it. The temptation, of course, is about somebody writing cheques for millions and billions of dollars: Is the media going to be as truthful to the public as it should be when reporting about them? What is its first goal? Is it to provide news and truthfulness to Canadians? Right now, the government is saying that if the media wants a big cheque, they have to say this or that. We know the Prime Minister is already about control and wants to control what people say about him. Will he use this as a heavy stick? I believe he will.

We have already talked about the control that Bill C-11 gave to the CRTC. The CRTC is influenced by the Prime Minister and cabinet. It says it clearly right in the bill. I have an article from the Macdonald-Laurier Institute entitled “Extortion, Dependency and Media Welfare—The Liberals’ Bill C-18”. About halfway through, it states, “Those in favour have no qualms about creating a news media industry permanently dependent upon the good graces of the two most imposing powers in the lives of citizens these days: Big Tech and Big Government.” As a former chair of the access to information, privacy and ethics committee, I saw how powerful big tech was and is, and the government working together with these guys is a really scary thing for those who care about freedom in the country. I will go on: “All involved will huff and puff self-servingly, while the [Prime Minister's] government happily renders media companies ever-more dependent on federal funding.”

It is not me saying this but articles that are concerned about the very same measures that this controlling Prime Minister, who has already implemented a censorship bill, is now trying to use to covet those two big entities so as to have the narrative go his way.

One interesting bit of testimony I saw when I was doing some research, because I knew I would be speaking to this, was from Liberal Senator Paula Simons in her speech from the Senate debate. Here is a clearly Liberal senator, a former media person, who is very concerned about what this bill brings if passed. I will read a couple of her quotes.

“More than that, I’m asking if it’s wise. How independent can the Canadian news media be if they are so deeply beholden to the goodwill and future economic success of two foreign corporations?” She is referring to big tech in this instance.

She goes on to quote Mr. Greenspon, from 2021, at a Senate committee: “...inviting the platforms to negotiate deals with individual publishers can badly distort the information marketplace. People have expressed concerns for decades that advertisers influence news agendas.” This is exactly what I have been saying. This is a person who has been in the industry her whole life. He went on: “They have massive public policy agendas of their own, including tax policy, regulatory oversight, data, et cetera.... You are here to strengthen the independent press, not to create new dependencies.”

Here is another quote from the senator: “And are we comfortable giving unprecedented new regulatory powers to the CRTC to intervene in the business of print journalism and to require mandatory media codes of ethics, given the free press has never before been subject in any way to the authority of the CRTC?”

I will finish with this. Who controls the CRTC? We already heard that it is cabinet and the Prime Minister. Members heard my question, the question that I started with: Does the Prime Minister want to control what we see and hear about him on the Internet? Absolutely, yes.