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

December 13th, 2022 / 4:25 p.m.


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St. Catharines Ontario

Liberal

Chris Bittle LiberalParliamentary Secretary to the Minister of Canadian Heritage

Madam Speaker, I have listened to a few Conservative speeches. It is interesting that they line up to be Facebook's PR team. We have not seen that in Australia, whose legislation Bill C-18 is based upon. It was brought in by a Conservative government. Republicans in the United States support similar legislation in the United States.

It is only the Conservatives in Canada who are against this type of legislation, which is especially shocking since they ran on this policy in their platform. It was on page 152 of the Conservative platform. Why was he in favour of it before he was against it?

Online News ActGovernment Orders

December 13th, 2022 / 4:25 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, I am looking at Bill C-18, which is what we are reviewing today. One of the more shocking and troubling things about the bill is the government knows full well that this is not going to the people who need the money the most. In doing research for this speech, it came up over and over again that it was not going to my local news media. It was not targeted to them at all. Here we have CBC, Rogers and Bell getting most of the money. What is with that, and why did the Liberals not fix it?

Online News ActGovernment Orders

December 13th, 2022 / 4:25 p.m.


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Bloc

Jean-Denis Garon Bloc Mirabel, QC

Madam Speaker, our Conservative colleague spoke about free enterprise and individual initiative. He also spoke about the need to reduce the size of government as much as possible. At one time, the proponents of conservatism wanted the market and capitalism to work properly.

However, what I am hearing today is a member who is defending a market in which two companies hold an 80% to 90% share of the advertising market. That is not competition, and there is nothing fair about it. It is not effective, and it works against our constituents, those who elected us, and against consumers in Quebec and Canada. Despite all that, the Conservatives are rising in the House to defend monopolies. How does my colleague explain that?

Online News ActGovernment Orders

December 13th, 2022 / 4:30 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, I want to bring attention to something from Michael Geist's testimony in front of the House of Commons Standing Committee on Canadian Heritage on September 23. I would encourage the member to go back and review this testimony.

He talked about government overreach. He talked about several troubling aspects of this bill when it comes to constitutional obligations and CUSMA challenges with respect to trade. However, here is the most troubling one with respect to government overreach. He said:

With regard to constitutional concerns, the bill isn't broadcast, it isn't telecommunications, and it's not copyright. How, then, does it fit within federal powers? If the government claims powers over anything involving the Internet, there are no real limits on jurisdiction.

I would keep that in mind as we debate this bill. This is a massive amount of government overreach that we should all be concerned about.

Online News ActGovernment Orders

December 13th, 2022 / 4:30 p.m.


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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, what I do like about this bill is it would provide a role for the CRTC to assist in the negotiation process between web giants and other providers. As I mentioned earlier, web giants are showing profits in revenue of $9.7 billion a year, so they can take advantage any way they want. There are smaller broadcaster platforms that do not have that same revenue, that need the assistance for the negotiation process that is so important and critically needed. A great place for it to go is to the CRTC to make sure there is fairness. Does the member not agree that fairness is absolutely necessary?

Online News ActGovernment Orders

December 13th, 2022 / 4:30 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, the bill really was intended for those rural papers and helping them out. However, this bill is really disingenuous. It does not reflect it at all and it would not help out rural Canada at all, so we are in real trouble if this bill passes.

Online News ActGovernment Orders

December 13th, 2022 / 4:30 p.m.


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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, as always, it is an honour to enter into debate in this place and to talk about the important issues facing Canadians.

Madam Speaker, I would ask that I be given a little latitude here, as this will likely be the last time I stand in this place before we all break for Christmas, whether that be tomorrow or in the next couple of days. I would wish you and all members of this place, as well as all Canadians watching a very merry Christmas and many blessings in the new year.

Further, I also want to acknowledge the passing of one our colleagues, the late Hon. Jim Carr. I want to acknowledge his service to this country, his many years in this place. Although we have disagreements on many issues, it is at times like this where we see the true heart of Canadian democracy in looking back at one's legacy and one's record. Certainly on behalf of myself and the people of Battle River—Crowfoot, I would like to pass our condolences along to you and your colleagues, as well as the late Mr. Carr's constituents and family and friends, who I have no doubt are grieving his loss.

As we discuss the issue of Bill C-18, we see before us something that I would suggest is typical of the way the Liberals approach many aspects of government. We hear them making accusations about how the Conservatives are somehow supporting Facebook and other social media companies and their monopoly of the Internet. I would like to take a moment to refute that.

First, I have never heard anybody suggest that social media is overly favourable to Conservatives. I would like to unpack a little as to why the very foundation of this bill is problematic. I am going to unpack that to the very basis that assumes that a government agency, and in this case specifically the CRTC, should become intimately involved and exercise a great deal of authority over something which I think all Canadians, or certainly most Canadians I speak with, truly support and that is freedom of expression, freedom of the press and free expression on forums like the Internet, including social media.

One of the concerns that I have is that the very foundational elements of what is proposed here is to increase the size, scope and authority that an agency of government has. I would suggest that at the very foundation of what this bill is doing, that is deeply problematic.

It has been mentioned that Conservatives ran on a plan to ensure that big tech pays their fair share, and absolutely. However, when we look at Bill C-18 and what is included in this bill, we see that it misses the mark.

Instead of attempting to do what I think many Canadians actually support, the government instead simply increases the size of bureaucracy. As we have seen throughout the committee study, what the Liberals have said this bill would do and how much it would cost versus what the consequences of the bill could be and the actual cost are two different worlds.

Unfortunately, I do find this is par for the course for the Liberals who are great at making announcements, great at doing press releases and even writing preambles to bills. However, in many cases, when we look past the preamble, that is where the concerns and the problems are made very clear.

I am going to cut my speech a little short to ensure that some other colleagues have a chance to speak to this important bill.

I would simply highlight something that has been missing from the conversation, and that is rural voices. Specifically, I think it should be noted, as one of my colleagues did just a few minutes ago, that rural is missing out on the conversation. The biggest beneficiary of this bill would be the CBC. I have about 14 weekly newspapers, some of which do not even have a website, and local radio stations. There are small newspapers, family-owned businesses, and in some cases multi-generational operations that will not benefit from anything to do with this sort of bill.

At the very foundation, I find the bill flawed in how it would grant massive authority and jurisdiction to the CRTC, which has difficulty fulfilling its current mandate let alone a greatly expanded one. I look at almost anything this government touches, and the service outcomes of any department over the last seven years certainly have not been improved. Therefore, I hope members will forgive me for not trusting a massive expansion of the scope of an agency of the government. I find that deeply problematic.

To conclude, more bureaucracy and administration is not the solution. We need to see that freedom of the press is preserved and freedom of expression is preserved in this country. When it comes to ensuring that the big tech players in Canada pay their fair share, I fear this would create a bloated administration that falls far short of the mark that is required to actually deliver on what the objective was when the bill was first introduced.

With that, I will conclude a whole four minutes early and look forward to answering questions from my colleagues.

Online News ActGovernment Orders

December 13th, 2022 / 4:35 p.m.


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The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Before we go to questions and comments, it is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Sherwood Park—Fort Saskatchewan, Democratic Institutions; the hon. member for St. Albert—Edmonton, Elections Canada; the hon. member for New Westminster—Burnaby, Health.

Online News ActGovernment Orders

December 13th, 2022 / 4:35 p.m.


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Liberal

Lisa Hepfner Liberal Hamilton Mountain, ON

Madam Speaker, I wonder if the member has read the latest report from Australia, which has just reviewed its similar legislation one year in and found that journalism was supported. In fact, the smaller outlets in Australia did better in comparison to the larger organizations, and it has been a success. I am wondering why the member thinks it would be different in Canada.

Online News ActGovernment Orders

December 13th, 2022 / 4:40 p.m.


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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I appreciate the question, but it comes down to the reality of what we are debating here today, which is not the Australian model but rather a Liberal proposal to give a massive increased mandate and authority to an agency of the Crown in this country that has a very poor track record in accomplishing the things the government already expects it to do.

Again, forgive me for suggesting that I have significant doubts as to whether or not the CRTC would be able to one, fulfill the mandate that is being suggested within the bill, and two, actually support journalists. The Parliamentary Budget Officer said that not only the cost would be more than double what the government estimated, but also that up to 75% of the revenue would not go to small, local and independent journalists. I am proud to have 14 independent weekly newspaper in my constituency. Rather, the revenue would go to the CBC, which is already funded to the tune of $1.2 billion.

This is not Australia. This is Canada. I think the Liberals should look very carefully before voting on their bill, which is based on something that is very different from what has been proposed, reported on and seen from the country of Australia on the other side of the planet.

Online News ActGovernment Orders

December 13th, 2022 / 4:40 p.m.


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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Madam Speaker, I want to share a few statistics. Fully 98% of Facebook's total revenue comes from advertising sales; Google and Facebook take 80% of all digital ad spending; and Meta, the company that owns Facebook, generated $193 million in revenue in 2021, thanks to journalistic content, of course.

Meanwhile, let us remember that local and regional media are scraping to get by. However, we know that, if there were a framework that forced that revenue to be shared, then according to a 2020 News Media Canada report, publishers could recoup $620 million, which could support 700 journalists.

Let us also remember that, in Canada, Facebook earns 35 to 58 times more from media outlets than it pays them.

Is that not a clear imbalance and a gross injustice?

Online News ActGovernment Orders

December 13th, 2022 / 4:40 p.m.


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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I would simply respond to that question by asking a question. Does the member trust the Prime Minister to actually fulfill the stated objectives that are outlined in the bill? Does the member trust the CRTC, a federal Crown agency, to actually fulfill the stated objectives in the bill?

When I look at what the bill is stated to accomplish versus what is outlined in the substance of the bill versus the testimony that we heard in committee that casts significant doubt on whether it would be able to do so, there are oceans of difference between those three things. To me, that suggests it would be deeply problematic.

It is a laudable objective; however, we see a deeply problematic follow-through on the part of the government. I would urge the member to consider carefully whether or not he would entrust the CRTC with that much authority.

Online News ActGovernment Orders

December 13th, 2022 / 4:40 p.m.


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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I lived in a time when major cuts were made to the CBC, and I saw the impacts that had on my community in Nunavut. In Nunavut, the CBC is the only provider that consistently and reliably provides broadcasting in Inuktitut.

I wonder if the member could share with us whether he agrees that my community deserves to get some of the lion's share of revenue, so that more indigenous languages can be broadcast through the CBC in other parts of the country.

Online News ActGovernment Orders

December 13th, 2022 / 4:40 p.m.


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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I would suggest that the bill does not accomplish what the member asked me if I would support. Yes, I absolutely support indigenous languages having coverage. In fact, I have found it deeply problematic that while the CBC has not faced cuts, it has cut service. I think it highlights a great discrepancy that exists here in terms of what this bill is purported to accomplish versus what will take place.

I agree with the member for Nunavut. There needs to be support for small, local stations, whether they be radio, newspaper or whatever the case may be.

When I read through the bill, the testimony and what the bill is purported to accomplish, the bill purely and simply does not do that justice.

Simply put, would the member trust the Prime Minister to accomplish those objectives, when the framework proposed in Bill C-18 simply does not exist?

Online News ActGovernment Orders

December 13th, 2022 / 4:45 p.m.


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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, it is an honour to rise and speak in the House once again.

Before I begin, I also want to take a moment to offer my sincere condolences to the family of Jim Carr, the hon. member who passed away, as well as to his colleagues in the Liberal caucus who have worked with him over the years. I want to offer my thoughts and prayers to everyone.

When I decided to run for office in southern Saskatchewan, one of the driving principles for me and generally a lot of people in Saskatchewan was to see less government interference overall in our lives. That is one of the interesting elements in this bill, that it provides an opportunity to have less government interference in people's lives. That is the opportunity that exists with the bill. That is what we are going to get to as we get through the rest of this debate. As the bill has come through committee, we see how some of the interventions at committee reflect that.

Generally, a government bureaucrat in a distant office does not know what is best for individuals in a family given that family's own unique circumstances, so responsibility for those people should be left to the individuals and not to the government.

Usually, when there is a discussion about smaller government in Canada or somewhere else, it has to do with issues of expanding state power, which directly or indirectly restricts people's lives further. This results in less freedom, either because there are fewer options and choices available to make, or because sometimes it gets to the point of trying to plan citizens' lives for them. In this case, the problem with interference is not so obvious when we compare it to something like the situation in George Orwell's 1984, or maybe the other lurking threat that is another government bill, Bill C-11. It got a lot more negative attention in its previous iteration as Bill C-10, and later passed in this Parliament as Bill C-11.

The Liberals want to hand over way too much power to the CRTC with this bill, Bill C-18, which we are debating tonight. The Conservatives stood with the people and policy experts to make our opposition absolutely clear.

When the same Liberal government with the troubling history of Bill C-11 introduces yet another Internet bill, it is reasonable for Canadians to look at it with a healthy dose of skepticism. However, the problem with government does not always come from control or overreach; sometimes it seems friendly and tries to help out with something good, but it can still create problems despite the best intentions. Unfortunately, although what we saw with this bill when it was first drafted was an honest attempt to support small media outlets, it has turned into a large bill that needlessly grows the size of government institutions.

The CRTC already wields a great deal of power in regulating the Internet and the dissemination of information, and now the government wants to further add to it. Should it have the power to determine who is considered a journalist, or the eligibility of a news agency, which is part of the process of this bill?

It does not end there. The CRTC can resolve disputes and issue penalties. As part of that, the bill allows it to set mandatory terms to which both parties, news outlets and platforms, must agree.

What is perhaps most concerning of all is that the CRTC would have the authority to demand information from these platforms and news outlets whenever it pleases.

At the end of the day, Bill C-18 is inflating the size of the CRTC and giving it enormous power, with little accountability, to regulate the news all of us view. This begs the question: What are the impacts of doing this? An important part of a free society is having an independent press and free speech to hold our leaders accountable, but how much can we trust the Liberals to maintain these things? If the government and the Prime Minister want to talk as much as they do about defending democracy and promoting diversity around the world, they need to take these things seriously when it comes to our own country.

Sadly, over the last year they have damaged their national reputation with respect to these values by abusing emergency powers and allowing vulnerable Canadians, including veterans, for example, to be offered death instead of the help they need. They have undermined our freedoms and respect for human dignity.

My fellow Conservatives and I have spoken a lot about the danger of censorship. I also say that I understand the importance of small media organizations and their place in the local communities, because I represent a very large rural riding. To this day, many still rely on these small media organizations to inform them of the happenings both locally and on the global stage, and rural Canada is better off because of it.

There are many of them in my riding, and they all play an essential role. For instance, the Southwest Booster, which is located in Swift Current, has been producing a weekly paper since 1969. We also have the Prairie Post, which covers both southern Saskatchewan and southern Alberta. North of Swift Current, for example, in the small town of Kyle, we also have the Kyle Times, which has been operating for a number of years. Up in the northwest corner of the riding we have papers like Your West Central Voice and the Kindersley Social, both providing a unique perspective on what is happening in their communities.

Cypress Hills—Grasslands is also home to The Shaunavon Standard, which was founded back in 1913, along with the Maple Creek & Southwest Advance Times and the Maple Creek News, which provide a weekly newspaper and distribute it in the southwest corner. In the eastern half of my constituency, we also find many papers such as the Gravelbourg Tribune, The Herald and the Assiniboia Times. All these papers contribute greatly to the social fabric that we find in rural Canada. In a place where most people do not have access to reliable Internet, these papers are critical to keeping my constituents informed.

However, through the transition into a digital world, these organizations have had to adapt and provide their service online. Before the Internet, papers like the ones I mentioned used a physical newsstand or post office boxes to promote themselves, but today, with the Internet, search engines like Google are the updated newsstands. With Bill C-18 the government is trying to interfere with this updated newsstand, and is going too far in doing so.

In this discussion, we also need to talk about the existing government support for media and how we can fix this framework. As I said, having an independent press is fundamental. However, when our media are receiving multi-million dollar payouts from the federal government, their independence quickly comes into question. The common saying, “Never bite the hand that feeds you,” exists for a reason, and I believe it applies to this situation.

Let us be honest: The job of the media is at times to bite, to seek for answers, to find the truth and to hold those in power to account. However, they cannot fully do this when they know it may impact their subsidy. Many Canadians have seen a subtle shift in the private corporate media, with its reporting starting to resemble that of the CBC, which, as a state broadcaster, receives over $1 billion directly from the government. Because of that relationship, the question is raised as to how much the organization can operate like a PR firm of the federal government. That is why we have previously called for reviewing its funding and mandate.

Having said all this, my concerns with Bill C-18 do not stop with media independence and the newly proposed powers of the CRTC, but extend also to the current government's attempt to interfere in a free market. Bill C-18 would require search engines like Google to pay a royalty to an organization that is putting out information, but the government claims this is only minimal market intervention.

Earlier in my speech I talked about many of the small newsprint operations that we have in southwestern Saskatchewan. Here in the House, we have many former members of the press or journalists or those who have been news anchors or different things over the years. I would submit that the majority, if not all the organizations they worked for, would not receive a penny from any of the funds that would be raised by doing this.

First, the government would allow media outlets and organizations to reach a deal on their own. However, if they failed to do this, the CRTC would force both parties into a binding arbitration process whereby the government would get to set the terms of the deal. If an outlet and the organization reached a deal on their own, but the CRTC officials felt the outlet was not using the money appropriately, they would say the deal was invalid and force the two parties through the arbitration process.

They cannot call this “minimal market intervention” when they are giving an institution the power to force two organizations into a binding arbitration process as well as the power to apply hefty fines. A thing is not market-based when the government needs to step in and force two companies to make a deal or face a large fine from the government if they fail to make a deal.

While the government should aim to support small media outlets, protecting their independence should be front of mind. The implications of Bill C-18 are too far-reaching, and with the lack of guidelines there is great potential for the government to abuse this process. That is why we have opposed this bill and will continue to do so.