The hon. member for Chilliwack—Hope.
Pablo Rodriguez Liberal
This bill has received Royal Assent and is, or will soon become, law.
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.
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.
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
The hon. member for Chilliwack—Hope.
Mark Strahl Conservative Chilliwack—Hope, BC
Madam Speaker, the fact that the Liberals, the NDP and the Bloc support the bill gives me confidence that our opposing it is the right position to take. Quite frankly, the Bloc, the NDP and the Liberals supported the amendments to Bill C-21 until very recently when they started to hear from their constituents.
What I pointed out was the hypocrisy of Liberal and NDP members standing in this place and talking about this magical hoovering up. I kept hearing that the tech giants are hoovering up all of this advertising revenue when no one was forcing Liberal and NDP members of Parliament to give Facebook and Google money from their members' operating budgets to pay for advertising. That was the part I was pointing out. There is a hypocrisy in crying about that and at the same time feeding the problem.
I will take no lessons from the member on this matter. It is a position that we do not support, and we will be happy to oppose this bill.
John Barlow Conservative Foothills, AB
Madam Speaker, as a proud journalist for almost 25 years and having worked for Charles Clark newspaper in High River, I would say that journalists face, much like politicians nowadays, a lack of public trust. We saw that with the Liberal bailout of the media several years ago, and I know many of my constituents are questioning the integrity of journalists.
When there are government subsidies or government bailouts of the free press, what impact is that having on community trust when it comes to Canadian journalism?
Mark Strahl Conservative Chilliwack—Hope, BC
Madam Speaker, I cannot put it better than the Independent Online News Publishers of Canada, which said:
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.
In its current form, Bill C-18...fails this test.
I agree.
Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC
Madam Speaker, with the passing of the Hon. Jim Carr in mind, I would like to begin by offering my condolences to our colleague's family and friends. I would also like to take this opportunity to wish all members of the House a happy holiday season.
Getting back to my colleague's speech, it is important to remember that Meta, the company that owns Facebook, generated $193 million in sales in Canada in 2021 from journalistic content. In Canada, Facebook makes between 35 and 58 times more money from the media than it pays to the media.
Facebook and Google should be forced to share those revenues, and the Conservatives know what “triple, triple, triple” means, so as to ensure that the media wins.
Would my colleague comment on that?
Mark Strahl Conservative Chilliwack—Hope, BC
Madam Speaker, as I have said, Bill C-18 would, in our view, threaten the independence of local media. It would not allow single-journalist outfits, like those I mentioned in my riding, to qualify. Therefore, we cannot support it.
Online News ActGovernment Orders
December 13th, 2022 / 5:30 p.m.
Winnipeg North Manitoba
Liberal
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Madam Speaker, I rise on a point of order.
I suspect that if you were to canvass the House, you would find unanimous consent to allow us to extend Government Orders to deal with this issue, if the debate has collapsed, so that we can have a vote to possibly pass it with a division.
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
All those opposed to the hon. member moving the motion will please say nay.
It is agreed.
The House has heard the terms of the motion.
All those opposed to the motion will please say nay.
(Motion agreed to)
Is the House ready for the question?
Some hon. members
Question.
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
The question is on the motion.
If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
Pursuant to order made on Thursday, June 23, the division stands deferred until Wednesday, December 14, at the expiry of the time provided for Oral Questions.
It being 5:33 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.
The House resumed from December 13 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 third time and passed.
The Speaker Anthony Rota
Pursuant to order made on Thursday, June 23, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-18.
The question is on the motion.
(The House divided on the motion, which was agreed to on the following division:)
