Madam Speaker, I rise today to speak to Bill C-18, the online news act. I do so in response to a bill that has returned to the House, after being in the Senate for quite some time. It was sent to the Senate earlier this year. I believe the Senate started to study at the end of January or the beginning of February. It has arrived back in the House as of June 16, and it has been considered by the government; a motion has been drafted in response to the Senate amendments.
To refresh our memories, Bill C-18 is about supporting local media and building a fairer news ecosystem, so said the minister. I will get to these false claims in a moment. The bill would compel digital platforms, such as Google and Facebook, to enter into monetary negotiations with a news outlet and pay when they simply provide a link to a news source and not the entire content. Under this bill, those negotiations would take place between the two parties, and there would be no transparency with respect to what the negotiations look like or any terms the platforms might put on these news outlets. That being the case, one has to wonder about the implications for journalistic independence and what this would do to true journalism and news coverage in this country. I will get to that in a moment, but I would like to highlight that as one of the main issues in this bill. It is also an issue the government had an opportunity to fix.
In order to fix the bill, there were amendments brought forward by my Conservative colleague and me here in the House of Commons and at committee. There was an amendment brought forward by a Conservative Senator to fix this problem as well. Therefore, the government had plenty of opportunity. We heard from witness after witness that the bill was a direct threat to journalistic independence, so it is on that premise that we must begin the discussion today. We know that the bill fails not only journalists and news outlets but also Canadians, because they deserve access to news that is independent of any pressure from a government or a platform.
We have to begin by looking at the importance of media. The Liberals try to paint us as being against media. They have accused us of being on the side of tech giants. The bill is not at all for the media or the independent journalists, who are proud of their work, day in and day out, and want to maintain that good work going forward. Let me talk about this a bit here.
The media plays a few key roles in society that we support. It is the watchdog. In other words, it protects the public interest. For example, just this year, in the last six to eight months, we have seen stories in the media with respect to the government turning a blind eye to China's interference in our elections. We know that there was interference both in 2019 and 2021, because of a brave whistle-blower who came forward. We know the Prime Minister's Office was aware of this. We know the Prime Minister turned a blind eye and chose to do nothing with intelligence reports from CSIS that were put on his desk or perhaps in his hands. Based on his chief of staff testifying at committee, we know that he reads everything and that he is shown everything.
Here we are in the House of Commons, and we have had committee meetings and asked questions with respect to this issue of interference in our elections. The reason we have been empowered to do this is that a brave whistle-blower came forward. This person works within CSIS, Canada's foremost intelligence agency, and brought forward the truth. Documents were produced and given to the Prime Minister, and he turned a blind eye and allowed Beijing to interfere in our elections, because it would benefit the Liberals in the long run. We know that because of a brave whistle-blower using the vehicle of media.
Therefore, make no mistake, media has an important role to play in our society. Media has a role to play with respect to telling stories, raising awareness and with respect to accountability. Media has an important role to play in celebrating incredible things going on in our country and in our local communities.
Media has an important role to play in educating folks with regard to various things that are going on, for example, right now, the many wildfires taking place across the country. We are thankful for the key role that media plays in our country.
The way that media is able to play its greatest role is when it is kept independent, when it is allowed to thrive without government intervention, without undue pressure, without being dictated to. What Bill C-18 would do is put the government squarely in the middle of the newsroom.
The government determines, through this legislation, what the CRTC will do. The CRTC then makes decisions and those decisions are applied to media. According to this bill, the CRTC can compel information from these news businesses, even confidential information.
Further to that, through the bill, there also has to be these negotiations that transpire between the platforms and the news businesses. We do not know what the terms of those negotiations are. Let us just say that the terms of those negotiations are that, as a news business, one gets rewarded for the number of clicks. As a news business, one is motivated to create clickbait. That is not news. At least, it is not the type of news that we would expect. It is not the type of news that is most beneficial to Canadian society.
We can see right off the bat that there is this massive problem with the bill. Therefore, when the minister says that this bill is about levelling the playing field, that it is about creating a more fair news ecosystem, that it is about access, that is just wrong.
At the end of the day, yes, we do need media, but we need independent journalists who are going to tell the stories that need to be told without pressure from the government or tech giants. We need journalists to truly be free to come at things from a non-partisan angle. I wish we had more of that in our country. It would benefit us all.
The minister has claimed that the landscape has changed and therefore this bill is needed. I would agree with him in that the landscape indeed has changed. Where I would disagree is that I do not agree that the bill is, in fact, the answer.
We know that the landscape has changed. We know that fewer people are buying newspapers. We know that fewer people are watching news on television. We know that more and more people are shifting their attention online. They like to go on a website, or they like to click on a Facebook post or they like to access it through Twitter.
We know that folks prefer to stream in the moment if they are going to watch their news. Many are going to read their news. However, we know that they are not necessarily going to read from a paper; they are more likely to read from an iPad or a phone.
Yes, the landscape is changing. As a result of that, because the consumer, the Canadian, is changing his or her habits, it means that more and more traffic is going online. Because more and more traffic has gone online, it means that ads are also being placed online, which means that those entities that have been innovative and have evolved in that space are getting the ad dollars.
Of course, when one is advertising, one is going to go where to the people are, and the people are online. What has happened is that one has these legacy media companies, whether it is newspapers or broadcasters such as the CBC, Rogers and Bell Media, and they have started to see the shift in their ad revenues, and, of course, it is not in their favour.
As a result, many concerns have been expressed to the minister. In response, the minister has come up with Bill C-18. It is in direct response to legacy media. It does not account for the innovative or creative ways of incoming media outlets that are actually thriving in this new tech space.
I would like to read a couple of quotes into the record.
This entity was heard from at the Standing Committee on Canadian Heritage. It is by Independent Online News Publishers of Canada:
Any government intervention into the free press, however well-intentioned, must be carefully considered, as there is a potential to warp outcomes, stifle innovation, determine winners and losers, and compromise journalistic independence.
This is a key warning regarding this legislation and the impact that it is going to have.
Further, Professor Dwayne Winseck of Carleton University's School of Journalism and Communication and director of the Canadian Media Concentration Research Project said:
The media's money troubles are long-standing and this latest proposal is a bandaid on a bullet wound.... I just think the whole thing is a real dog's breakfast.... This bill is being saddled with expectations and being sold as a rescue package — that, I think, [is] really disingenuous.
In other words, as much the government might want this legislation to be the answer to the many problems faced by media and, in particular, revenues dwindling, it is not the answer.
The world innovates. The world generates. The world moves forward. Instead of punishing those individuals who are new, innovative and going to that next place, and rewarding legacy media, I believe it is the government's responsibility to take a step back and allow the world to evolve, to allow consumer demand to evolve, and to allow journalistic independence to maintain itself.
Another individual who spoke to this bill at committee was Jen Gerson. She is the co-founder of The Line and Independent Journalist. About the bill, she said:
...this bill...is predicated on a lie. The bill adopts a very ancient complaint of newspaper publishers that aggregation-based news websites and social media networks are unduly profiting by 'publishing' our content. However, we know this isn't true. In fact, the value proposition runs in exactly the opposite direction. We publishers are the ones who benefit when a user posts a link to our content on Facebook, Twitter and the like. This free distribution drives traffic to our websites, which we can then try to monetize through subscriptions and advertising.
It is so clearly stated.
We have these online entities that can be connected to through platforms posting links. In other words, it is propagating or propelling free traffic. It is doing the advertising for these news sources.
This individual, Jen Gerson, is calling it what it is. She is saying the sharing of their links is actually a good thing. That is what drives people to their sites and gives them the opportunity to make money. This legislation is built on the wrong foundation. It is built on the foundation that somehow these platforms should not be sharing these news links, that they should be punished by having to pay a financial penalty for sharing these news links. That does not make any sense.
The way that information flows online is when links are shared. If we want the news to be read, if we want the source to be accessed, then allow for the links to be shared. If we allow for the links to be shared, of course it drives more traffic.
If it drives the traffic, then of course there will be more people viewing the content, and if there are more people viewing that content then there are more people who will want to advertise with the source of that content. What she is saying is that, really, the government has this bill all wrong.
Let us get into some of the nitty-gritty of the bill. There are many serious concerns that were raised at committee, both in the Senate and here in the House of Commons with regard to where the benefit lies. Government officials said that this is going to generate about $215 million for the various news sources across Canada. The Parliamentary Budget Officer, an independent entity, said that this bill is going to generate about $350 million. What is going to happen with that money? The Parliamentary Budget Officer said that it was reported that 75% of the money will go to the CBC, to Rogers and to Bell, which leaves less than 25% for newspapers.
Despite this entire bill having been put forward by the minister to protect local newspapers, that is not true. This bill will not help local newspapers the way he has said it will. This bill will not help ethnic media sources. This bill will not help digital media sources. This bill looks to the past. It does not look to the future, so this bill is incredibly problematic. While the CBC, Rogers and Bell would accept 75% of the revenue, local newspapers in cities like Lethbridge, or towns like Picture Butte, Coaldale or Coalhurst in my riding, are not going to get a dime from this legislation. The minister continues to be incredibly disingenuous in how he touts this legislation, saying that it is going to benefit the smallest newspapers when in fact this legislation was built or designed solely in favour of legacy broadcasters.
Further to that, this bill gives a tremendous amount of control to the CRTC. The CRTC now will be responsible for determining if a news outlet is truly a news outlet. How will it be defined? We know somewhat. We do not know entirely, but we know somewhat. We know that some of that definition will be based on whether the entity has a licence with the CRTC. That is interesting to me. Just because an entity has a licence with the CRTC does not mean it produces news. That begs the question then of where the money will go. Is it truly going to local news? Is it truly going to ethnic media? Is it truly going to digital sources? Is it truly going toward the future of news in our country? The answer to that question we already know is “no”.
The CRTC will not only determine if an entity is an eligible news business, but the CRTC will also determine some of the negotiating factors. There is some independence. In fact, the CRTC again can compel these new businesses to give up information, including confidential information. Here is what a few people had to say: “Bill C-18 will only perpetuate a market already distorted by subsidy and it will punish independence.” “If Parliament values a free press, it will not approve Bill C-18”. Who said that? It was the former CRTC commissioner, Peter Menzies.
Peter Menzies went on to say:
Bill C-18 is as likely to kill journalism in Canada as it is to save it. The very prospect of it is already perverting news coverage and undermining trust, the commodity upon which the industry depends most. Bill C-18 will permanently entrench the industry's dependency not on the loyalty of citizens, readers and viewers, but upon the good graces of politicians and the ability of offshore, quasi-monopoly tech companies to remain profitable.
Could there be a more damning statement?
If we truly value the independence of our press, if we truly value the future of our country and if we truly value having access to real news, everyone in this House should vote against this bill in a unified manner.
Here is another quote from Dr. Michael Geist, who is at the University of Ottawa and specializes in this area. He said:
Bill C-18 doesn’t only increase the power of the Internet companies. It also provides exceptional new powers to the CRTC. These include determining which entities qualify as [news businesses], which agreements create an exemption, which Canadian news organizations qualify as eligible news businesses, and whether the arbitration decisions should be approved. On top of that, the CRTC will also create a code of conduct, implement the code, and wield penalty powers for failure to comply. Far from a hands-off approach, the CRTC will instantly become the most powerful market regulator of the news sector in Canada.
Again, this bill fails to protect the independence of the press, and when it fails to protect the independence of the press, it then fails Canadians as a whole, because Canadians depend on being able to access news that is not a result of pressure from tech companies or from the government. As such, when the government points fingers and says that Conservatives are in the pocket of the tech giants, actually the government is. The government is squarely in the pocket of the tech giants, because it created legislation that directly benefits those tech giants, as those tech giants get to give direction to these new outlets as to what to produce and what not to produce. It is the government that took power and gave it all over to the tech giants. Let us make no mistake of that.
Let us talk a bit about this bill and whether it actually supports local newspapers.
I have already said that in my riding, there is hardly a dime to be gained, but mine is not the only one. We know that many local newspapers across this country are struggling right now, and we know that many of them are dependent on only one journalist. Because of that, they will not be able to apply for this. They will not get the CRTC's stamp of approval as an allowable news outlet, so this bill will put them under. This bill has nothing in store for their future. In fact, this bill will result in their demise, because this bill will raise up legacy media and big broadcasters and put them in a favourable position, while simultaneously pushing down those local newspaper outlets that exist in ridings like mine.
Shame on the government for trying to mislead Canadians.
I should mention that it is not just that this bill will support the big Canadian broadcasters or the big Canadian newspapers; I should also mention that this bill is so broad that it actually extends to foreign new outlets, such as The New York Times. I should also mention that it will extend to hundreds of broadcasters that are licensed by the CRTC, whether or not they produce news.
The question is this: Is this bill actually doing what the government says it is? The answer is no.
This bill will not revive the media. This bill will not save local entities. This bill is not the solution. In fact, I would argue that this bill actually is the problem. It perpetuates the problem. It personifies the problem. It embodies the problem. It is synonymous with the problem.
I will read another quote from Andrew Coyne. He is a columnist in The Globe and Mail. It took a lot of courage for him to provide this, but nevertheless it is an important one. He says:
The premise, that the problems of the newspaper industry can be traced to search and social-media platforms like Google or Facebook “stealing” their content, is utterly false. The platforms don't take our content. They link to it: a headline, sometimes a short snippet of text, nothing more. When users click on the links, they are taken to our sites, where they read our content. Much of the traffic on our sites, in fact, comes from social-media links, which is why we go to such lengths to encourage readers to post them - indeed, we post such links ourselves, hundreds of times a day.
Again, let us make no mistake: When platforms post links to news, it is of great benefit to the National Posts of the world, the Globe and Mails of the world and so on and so forth. That is what Andrew Coyne is getting at here. It is of great benefit to have these links posted.
Here is the problem, though. Because of this legislation, Facebook has already said that it will no longer be carrying news links and Google has indicated that it is considering doing the same, which means that these links would no longer be made available to Canadians, not on Meta or Facebook, not on Instagram and not on Google. If that is the case, this bill would kill newspapers, because Canadians would no longer have those links available to them within the framework of a Google search or within the framework of Facebook or Instagram.
That is a problem, because, as I just read into the record, Andrew Coyne makes it very clear that the entire model is dependent on those links' being made available. In fact, the news outlets themselves post those links. In fact, he said they do not just post them once or twice but hundreds of times per day, so the government, in forcing this legislation upon Facebook and Google and causing them to make a business decision to retract and not carry news links anymore, will actually kill newspapers.
But the government does not care. The government would prefer that people did not know that, because at the end of the day this legislation, though touted as something that would benefit newspapers, is actually built to benefit CBC, Rogers and Bell Media. We know that. The government has built this piece of legislation on a lie, but it sounds nice. It sounds like the government is for local media. It sounds like it is for ethnic media. It sounds like it is for progress, and the Liberals like that word, “progress”.
In fact, this bill is one of the most regressive pieces of legislation that I have ever seen, and it would put a spear directly through the heart of newspapers. Eventually, other outlets would dwindle too. Make no mistake.
Let us talk about this legislation for what it truly is. Let us talk about the fact that the CBC would receive the greatest amount of benefit from this legislation and let us talk about the fact that the CBC is already funded to the tune of about $1.2 billion per year in taxpayer dollars. Let us talk about the fact that this legislation then would allow the CBC to enter into negotiations with platforms and thereby gain more money. Let us talk about the fact that this legislation would actually benefit the CBC to a massive extent: It would get money from the government, money from its negotiations with Google and Facebook, and money from advertising revenues.
Guess who does not have the benefit of all of those sources of income: local newspapers. Guess who else: ethnic newspapers. Guess who else: innovative, creative news start-ups.
Make no mistake: This bill is not about supporting the future of news. This bill is not about supporting newspapers. This bill is all about supporting legacy media. It is all about the CBC, primarily, and secondly it is about Bell Media and Rogers. That is what this bill is about. If the government wants to present this bill under a true premise, I would be more than happy to debate it under that premise, but the one that has been put forward today is altogether false and incredibly misleading.
It should also be considered that this bill would likely violate our agreements with the United States of America, and that point has been brought up.
Ms. Katherine Tai, the United States trade representative, has warned that Bill C-18 has serious trade implications for Canada. We have been warned that if we move forward with this legislation, the U.S. is likely to retaliate, and if it retaliates, that will be to the tune of about $350 million. That means that the government is choosing to benefit legacy media at the expense of small and medium-sized businesses in our country that are going to be subject to that punitive response by the United States.
The government shrugs its shoulders, because it does not care. It is going to pass a bad piece of legislation that is going to result in newspapers dying, ethnic media dying and new start-ups not gaining a dime of support. Then, on top of that, it is also going to result in punitive outcomes for our small and medium-sized businesses that are going to have trade barriers or penalties placed against them.
At the end of the day, this bill is a lose-lose-lose. There is nothing here to be gained. If the government wanted to give the CBC more money, it could have just cut a cheque. It does it all the time. However, the biggest thing is that Canadians lose. Canadians lose because they want access to a variety of media, and unfortunately, that variety is going to be depleted. Canadians lose because they want access to independent media. They want to be able to trust the journalists who are bringing forward the stories that they so long to hear, but this bill would not protect journalistic independence.
Furthermore, Canadians lose out because right now they enjoy the convenience of being able to go online and find links to news, and this bill would result in those links largely being removed. Therefore, at the end of the day, this bill is a direct attack on Canadians and their ability, and I would even say their right, to access the information that they depend on as timely news in this country, and there is no one else to blame for that shift, that change, that damaging effect than the government.
It had opportunity after opportunity. Whether it was here in debate, hearing from witnesses at committee, incorporating amendments that I or my colleagues brought forward, or Senate amendments, the government has had plenty of opportunity to correct this bill, and every step of the way it has chosen not to. That is to its shame, but sadly, it is also the shame of Canadians, because they are the ones who are ultimately punished by this bill.
That said, because this bill is so damaging to Canadians and their ability to access news from independent sources, a plethora of sources, in a convenient and timely manner, I move:
That the motion be amended by deleting all of the words after the first word “That” and substituting the following:
the order for the consideration of 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, be discharged and the Bill withdrawn.
