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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)

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-18, also known as the Online News Act, aims to support Canadian journalism by requiring digital platforms like Google and Meta to negotiate and provide fair compensation to news businesses for the use of their content. The bill establishes a framework for these negotiations, encouraging voluntary agreements while allowing for government intervention through the CRTC if necessary, and is intended to address the decline in advertising revenue for Canadian news outlets and ensure the sustainability of independent journalism. The legislation is based on a similar model in Australia, but with increased transparency and accountability measures.

Liberal

  • Supporting a free press: The Liberal Party believes a free and independent press is essential for democracy, but that the current system where tech giants use media content without compensation is unsustainable. Bill C-18 is designed to address this by ensuring fair compensation for Canadian journalists when their content is used by tech giants.
  • Fair compensation: Bill C-18 aims to establish a market-based solution where tech giants negotiate fair deals with Canadian media outlets for the use of their content. This is intended to provide long-term, reliable, and structural support for Canadian journalism, especially local journalism, which has been struggling due to declining advertising revenues.
  • Transparency and minimal intervention: The bill is based on the Australian model but with greater transparency, ensuring criteria for platform inclusion and media outlet eligibility are public and that the government stays out of the negotiation process. The deals would be disclosed to the public, and the bill includes exemptions for platforms that sufficiently contribute to the Canadian digital news marketplace.
  • Protecting Canadian journalism: The Liberal Party emphasizes the urgency of passing Bill C-18 to protect the Canadian news industry, ensuring a level playing field and proper compensation for media outlets whose content is used by tech companies. The Party believes this is vital for maintaining a healthy democracy and combating misinformation.

Conservative

  • Supports fair compensation: Canada's Conservatives believe that news providers should be fairly compensated for the use of their content. However, they question whether Bill C-18 will help the newspapers and radio stations in rural communities and small towns across the country.
  • Concerns about smaller outlets: The Conservative party is concerned that the Australian model, on which Bill C-18 is based, may exclude small and medium-sized businesses. They are concerned that the bill will not support journalism.
  • CRTC's competency questioned: The party questions the selection of the CRTC as the regulatory body, citing its lack of experience in regulating online platforms and raising concerns about its capacity and competency, given past delays and controversies.
  • Seek committee study: Given the unanswered questions about the bill and its potential impact, the Conservatives moved to refer the subject matter of Bill C-18 to the Standing Committee on Canadian Heritage for further study.

NDP

  • Supports the Bill: The NDP supports the bill as a necessary step to address the crisis in the media industry and ensure the survival of local, regional, and national media outlets. They acknowledge it's not perfect but view it as a starting point.
  • Web giants must pay: The NDP emphasizes that web giants are exploiting journalistic work by aggregating news content without providing fair compensation to the news organizations that produce it. Bill C-18 is seen as a means to address this imbalance and force these companies to pay for the content they use.
  • Importance of local media: The NDP highlights the critical role of local and regional news in holding power to account and ensuring transparency, citing the example of Laval where the absence of strong local media led to corruption. They also want to see reporters and resources deployed abroad.
  • Need for collective bargaining: The NDP stresses the importance of collective bargaining for independent media outlets to negotiate fair deals with web giants. Transparency in these agreements is also crucial to ensure equitable compensation and prevent exploitation.

Bloc

  • Supports Bill C-18: The Bloc Québécois supports Bill C-18, viewing it as a necessary step to address the dominance of web giants and support the media industry. They believe the bill can help local media sustain journalism in their communities by forcing GAFAM to share revenues with local media.
  • Local media importance: The Bloc emphasizes the crucial role of local media in regional and rural communities, highlighting their contribution to community identity, accountability, and democracy. They feel that the lack of local news will hurt society as a whole, because knowing what is going on in the community is a fundamental part of democracy.
  • Concerns about eligibility: The Bloc raises concerns about the eligibility criteria for news organizations to receive compensation, particularly the requirement to employ at least two journalists, which may exclude hyper-local media outlets in remote communities. They would like daily papers employing only one journalist to be entitled to receive their share as well, to more accurately reflect the reality of media in remote areas.
  • Need for financial aid: The Bloc stresses the immediate need for financial aid to struggling small media outlets, as the benefits of Bill C-18 may take months or years to materialize. They suggest that Ottawa should ensure that its ads are placed in these local media outlets that are struggling to bring in significant revenue.
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Online News ActGovernment Orders

May 30th, 2022 / 7:35 p.m.

The Assistant Deputy Speaker Carol Hughes

Pursuant to order made on Thursday, November 25, 2021, the recorded division stands deferred until Tuesday, May 31, at the expiry of the time provided for Oral Questions.

The House resumed from May 30 consideration of the motion that Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, be read the second time and referred to a committee, and of the amendment.

Online News ActGovernment Orders

May 31st, 2022 / 3:45 p.m.

The Speaker Anthony Rota

Pursuant to order made on Thursday, November 25, 2021, the House will now proceed to the taking of the deferred recorded division on the amendment to the motion at second reading of Bill C‑18.

The question is on the amendment. May I dispense?

Online News ActGovernment Orders

May 31st, 2022 / 3:45 p.m.

Some hon. members

No.

Online News ActGovernment Orders

May 31st, 2022 / 3:45 p.m.

The Speaker Anthony Rota

[Chair read text of amendment to House]

(The House divided on the amendment, which was negatived on the following division:)

Vote #111

Online News ActGovernment Orders

May 31st, 2022 / 4 p.m.

The Speaker Anthony Rota

I declare the amendment defeated.

The next question is on the main motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I invite them to rise and indicate it to the Chair.

The hon. deputy House leader.

Online News ActGovernment Orders

May 31st, 2022 / 4 p.m.

Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Mr. Speaker, I request a recorded division.

(The House divided on the motion, which was agreed to on the following division:)

Vote #112

Online News ActGovernment Orders

May 31st, 2022 / 4:15 p.m.

The Speaker Anthony Rota

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Canadian Heritage.

(Bill read the second time and referred to a committee)

I wish to inform the House that because of the deferred recorded divisions, Government Orders will be extended by 56 minutes.