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 often publishes better independent summaries.

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)

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:45 p.m.
See context

Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I would say that I would like to thank my colleague for Winnipeg North for his speech, but that would be disingenuous.

The member talked a lot about support for local media, which is funny, because in the operations committee about three years ago, we actually studied government advertising in Canada. The committee came up with recommendations that the government should stop sending all its money to Google and Facebook and use government advertising to support local media, small newspapers, the Winnipeg Free Press, which he mentioned, and a lot of local ethnic newspapers. What did this government do? It took the recommendation, threw it in the garbage, and continued to push more money to Google, Facebook and these big web giants.

Why, then, is the member speaking out of both sides of his face? He is saying to support local business, but when we had the chance to do so, the government gave the money to Facebook and Google.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:45 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, this legislation is actually good news.

Let us be realistic. The federal government, as it has for many years, invests in advertising in a significant way, from community newspapers to radio programs, both urban and rural. We have ethnic advertising that takes place, and yes, there is advertising that takes place on Google and on YouTube. There are very important programs that the government has, and it is important that Canadians find out about them, whether they be programs that serve our vets or programs that advertise the greener home building program or other programs from which Canadians can really benefit if in fact they are informed about them.

Governments have done advertising for many years, although not with as much money as Stephen Harper ever spent, but governments have done it for many years.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:45 p.m.
See context

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I organized a major public consultation during last week's constituency week. There is an airport in my riding, and I held public consultations on developing that airport. It is an important piece of infrastructure that affects the lives of 400,000 people in the region.

My riding has just one local weekly newspaper, Le Courrier du Sud. We wanted the media to come and cover this event, which would affect everyone in my riding, not to mention people in neighbouring ridings, so we sent a press release to the newspaper. We were told that no journalists were available to cover this event, despite how important it was to our local community.

The legislation presented for our consideration does not ensure that small local weekly newspapers will have enough bargaining power to fully participate in negotiations with web giants.

Can my colleague comment on that? Can he assure us that local media will be able to get sufficient funding through the negotiations that will take place with the web giants?

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:45 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, with Bill C-18's passage, we will see for the first time a greatly enhanced opportunity to ensure that we do get fair compensation, not only for the large media outlets but for small media outlets also. I can understand and relate to what the member is talking about, especially in rural Manitoba, as an example, or even in some of our major urban centres where there is a need for more journalists. As a society, we want to support that industry. For me personally, fact-based news is of critical importance.

I hope to see the bill go to committee, and maybe the member can participate at the committee stage. If there are things we can do to improve and enhance the legislation, I am sure that the minister would be open to those ideas. In fact, if the member has specifics, he should probably raise them with the minister or the parliamentary secretary in advance of the bill going to committee.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:50 p.m.
See context

NDP

Laurel Collins NDP Victoria, BC

Mr. Speaker, this bill is important, and it is so important that we make web giants pay their fair share. It is also important that we learn lessons from other countries.

The member mentioned Australia, and I want to follow up on the question from my colleague in the Bloc. We have seen in Australia that Facebook and others have been entering into revenue agreements with the large publishers. It means that the smaller publishers are not getting fair compensation. Therefore, I am wondering if the member will commit to advocating for changes at committee stage to ensure that smaller publishers get a fair shake.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:50 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the question and I think there is a great deal of interest not only on my part but from within the Liberal caucus and hopefully others, such as the member, in recognizing the importance of the smaller news agencies. That is one of the reasons I incorporated this point in my comments and talked about ensuring fairer compensation for both large and small media outlets. They are absolutely critical, especially to our local communities.

I really do believe that this legislation would enhance that sense of fairness for both large and small media outlets. If there are things that we could do to better ensure that outcome, I would encourage my New Democratic friends to raise the issue and bring up the example, and if they have an amendment, to share it with the minister or the staff. They do not have to wait until it goes to committee; they can do that at any point in time. I am sure that if there are ways in which we can improve the bill, the minister would be open to them.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:50 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am very troubled by what has happened to journalism in Canada. I agree, as the hon. parliamentary secretary said, that democracy itself is under assault when we lose our local journalists. In fact, there have been empirical studies that show that as parliamentary bureaus of local papers across Canada close up shop, the level of voting in those communities goes down. I agree with the diagnosis, but I do not know that we have the right prescription.

What we now see in Australia are a lot of concerns after the Australian model, which we are now pursuing, has been used as a big stick to drive people to private negotiations with no transparency. There is a lot of concern about following this model.

I am not saying I am against it and I want to figure out how it might work, but surely the simplest thing is to go to the source and say to Google, Twitter, Facebook and anything that is undermining our journalism that they are publishers, just like the newspapers. They are not platforms but publishers, and they have to follow all the same rules as print journalism in Canada.

Would the hon. member comment on that?

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:50 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, for many years, giant tech companies such as Facebook, Google and YouTube have been going around the world and getting away with a great deal while enriching themselves worldwide. We are seeing more countries today saying that it is not acceptable and that we want to ensure that there is protection for their media industries, and that is something that is very tangible coming from this government. This legislation will go a long way toward ensuring a higher sense of fair compensation and protecting a critically important industry.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:50 p.m.
See context

Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, thank you for fitting me into this debate.

I would say this to the hon. member for Winnipeg North: We just heard a comment from the Conservatives across the way that they did not want to hear from him because he had an alternative point of view. In fact, a lot of news is presented online in a biased fashion. Could the member talk about news as entertainment versus news as a source of information on the different points of view that help to inform us?

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:50 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the question. That is why I shared the story of the gentleman who would show up and talk to me. After a few weeks, I could tell exactly what outlet he was using as his source. It was always the same outlet. When I made the suggestion that he try to expand and look at other media outlets, he literally stopped coming. It was a pleasant discussion we had.

The point is that it is very important that we be supportive of our news industry and journalists. That is what this legislation is all about. It is about ensuring there is proper compensation. We have some of the best journalists in the world and we need to support them. We need to be there for the industry. It is healthier for our democracy.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:55 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, it has been an enjoyable afternoon listening to some of the fairy tales from the government, because it is cutting off debate after two hours on a bill that, from coast to coast, we have not seen much of.

Bill C-18 is an interesting bill. As a former journalist and broadcaster, I am glad today that I have the opportunity to speak to this bill and right the ship, if the House does not mind.

I spent 40 years in the industry, in radio and television. I began the career in Yorkton, working midnights as a disk jockey. I spent some time in Melfort doing radio. I moved over to CFQC in Saskatoon—

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:55 p.m.
See context

Conservative

The Deputy Speaker Conservative Chris d'Entremont

The hon. parliamentary secretary to the government House leader is rising on a point of order.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:55 p.m.
See context

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I apologize to my friend for interrupting.

There is an incredible amount of background noise going on just outside the chamber. Perhaps you could pass along an instruction for them to quiet down a bit.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:55 p.m.
See context

Conservative

The Deputy Speaker Conservative Chris d'Entremont

I appreciate that intervention. I try to remind folks as they come into the chamber and the lobbies to keep their conversations a lot quieter, because the sound coming over from the other side is a little too much for this House of Commons. Again I would ask members coming into the House to keep the lobby doors closed to keep the volume down.

I apologize. The hon. member for Saskatoon—Grasswood has three minutes.

Second ReadingOnline News ActGovernment Orders

May 30th, 2022 / 1:55 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, picking back up, I spent some time at Melfort, went over to Saskatoon in radio and then spent the majority of my career as a sports journalist and anchor at CTV News Saskatoon.

As a journalist, I remember having the opportunity to travel and cover some of the biggest news stories in Saskatchewan's history. I was on the field for countless Roughriders games, Grey Cup championships, Olympics and world curling championships. I remember covering the historic attempt when Saskatoon and Saskatchewan tried to get the St. Louis Blues to move to Saskatoon. That was in the 1980s.

What a success entrepreneur Bill Hunter and his group had back then, as they had thousands of people activated in our province, all going through the news media. We went to Madison Square Garden in New York for the NHL hearings. I remember the night before the hearings I was in the New York Islanders' dressing room celebrating the team's four-game sweep of the Edmonton Oilers. I talked to the many Saskatchewan-born players on the Islanders' team: Bryan Trottier, Bob Bourne and so on. It was a historic week being in New York trying to get the St. Louis Blues back to Saskatchewan and Canada.

I am afraid those stories would probably not be told today because of the lack of budgets for small- and medium-sized news organizations in this country. They have cut their staff, some down entirely to zero. In stations that actually remain, the person we hear on the air is often the only person in the entire building. Big stations are not exempt from this either. I have seen my fair share of colleagues and friends over the years being shown the door when cuts came around to address lagging revenues.

Earlier in my career, though, I worked late nights covering the station at a time when there was actually live coverage of radio throughout the night. Now, most stations are live for maybe six hours a day, or 12 at best. It is actually exclusively pre-recorded and it is satellite radio. This is a shame because where can young broadcasters get into the business now when, with a flip of the switch, people can have satellite radio?

We are getting ready for question period, and I will, as they say, come back for the rest of the story.