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 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.
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.
Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC
Mr. Speaker, Bill C-18 sets out, in black and white, the rules that the various media players must follow to ensure much healthier competition and quality content for everyone.
It is no secret that small media outlets are in immediate need of financial assistance from the government. What does my colleague think about that?
John Nater Conservative Perth—Wellington, ON
Mr. Speaker, we know full well that newspapers and media outlets are in trouble.
Also, more and more advertising space is being bought from the web giants, including Facebook, Meta and Google. This is a concern for all Canadians who see the value of their local media or local newspaper.
We need to be able to share the stories from our communities. The government needs to do something. I think it is a good idea. We need to make sure that this bill is referred to the Standing Committee on Canadian Heritage so it can be studied.
Jenny Kwan NDP Vancouver East, BC
Mr. Speaker, I was listening to the speech from the member, and it was perplexing to me to hear him suggest that the bill should be withdrawn and the heritage committee should study the matter. In fact, if this bill passes second reading, it would be referred to committee, where we would be able to call witnesses and ask questions pertaining to the bill. It is perplexing to me that he would want to effectively kill the bill with his amendment. The NDP supports this notion and has been calling for the government to equalize the web giants with small, local media outlets. This bill is a good start.
Why would the member want to kill the bill if he truly wanted to have a discussion about it and have witnesses presented on this issue?
John Nater Conservative Perth—Wellington, ON
Mr. Speaker, I think the preference of our side would have been to draft our own piece of legislation if we were in government, but that is not the case. The next best scenario is this type of amendment.
As the member ought to know, as she has been in the House a long time, there are very few amendments that are acceptable at second reading debate. This particular amendment is one of the few that is permissible and that is the one we have used. It will provide the subject matter to go to the Standing Committee on Canadian Heritage to make suggestions and make a report back to the House of Commons.
The Government of Canada can then use that advice, use the suggestions of all parties and listen to witnesses, of which we are developing a massive list of people who want input on this bill. Their views are both positive and negative, and they have clear ideas for suggestions to improve, change or rewrite the bill entirely.
Marilyn Gladu Conservative Sarnia—Lambton, ON
Mr. Speaker, I would like to thank the member for a great speech and for moving the amendment because I do have concerns about Bill C-18, especially when we heard the parliamentary secretary talk about how there would not be any discrimination. In every other media policy that the government has brought, there has been discrimination along the political spectrum and, as the member correctly pointed out, small and medium-sized news outlets.
I would like to hear his comments on that.
John Nater Conservative Perth—Wellington, ON
Mr. Speaker, I want to talk on a different point she raised on where the government puts its priorities and where other members put their priorities.
We just heard the member for Vancouver East rallying their support for this bill, but the member for Vancouver East spent $17,000 on Facebook ads. The member for Vancouver East is talking about levelling the playing field between major web giants and local newspapers, but the member herself spent $17,000.
As parliamentarians, we need to look ourselves in the eye and decide what we want to do to promote, and whether government advertising should be focused on traditional local media rather than major web giants.
The House resumed 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.
Sébastien Lemire Bloc Abitibi—Témiscamingue, QC
Mr. Speaker, allow me to acknowledge the addition of a new member to my team, Jean‑François Vachon, a journalist by training. He is very well known in Abitibi—Témiscamingue, especially for his work at the newspaper Le Citoyen and with the Rouyn-Noranda Huskies. He certainly adds value to my team. This will somewhat influence my speech, which will be interesting as it is about content in regional media. I would also like to acknowledge my friend Antoni Gilbert, who helped with the work done by my team.
Today we begin debate at second reading on Bill C-18, which requires digital platforms to negotiate agreements with news businesses. I would like to join my colleagues in saying it is about time.
However, I am in suspense because there is still much work to be done on protecting privacy on major digital platforms. This bill may be the third bill on that subject. Groups advocating for the protection of marginalized people and victims of fraud are very active, and their expectations are high.
I wonder how many people know how to get a photo taken down, for example. Great Britain is working very hard on that.
We are also starting to see impacts on competitiveness that are affecting SMEs, such as forced transfers of intellectual property in exchange for access to major digital platforms. I agree with the experts who told the Standing Committee on Industry and Technology that the Competition Act is out of sync with what is being done elsewhere in the world. Some think that this bill will deal with the web giants' major platforms once and for all, but more legislation will be needed.
With regard to Bill C‑18, I am pleased to finally see a bill compensating news businesses when their content is lifted, in other words stolen.
Unfortunately, this new bill, which was largely inspired by the Australian model, faces a rocky path. Still, I must say that it is high time we put an end to the cannibalization and dismantling of our traditional media, particularly in the regions.
In regions that are far from major centres, such as Abitibi‑Témiscamingue, Saguenay—Lac-Saint-Jean, the Lower St. Lawrence and the north shore, maintaining regional and local news services is quite challenging. These territories are huge and often sparsely populated.
The Acting Speaker Conservative Michael Barrett
I would ask the member to stop for a moment. We have a point of order from the member for Perth—Wellington.
John Nater Conservative Perth—Wellington, ON
Mr. Speaker, it is good to see you in the chair, but we have lost quorum.
The Acting Speaker Conservative Michael Barrett
I will consult with the Table.
And the count having been taken:
Quorum has been maintained, and we will go back to the member for Abitibi—Témiscamingue.
Sébastien Lemire Bloc Abitibi—Témiscamingue, QC
Mr. Speaker, I am pleased to see more members in the House and I will continue my speech.
In such vast territories, it is hard to cover local news properly. Imagine how much time it takes journalists to travel around, especially when they are alone.
The reality is that local media are not covering all of the news anymore. The media can no longer rely on ad sales, which are plummeting. The share of ad revenue that traditionally went to news organizations is dwindling year after year, and the big print and broadcast ad contracts are no longer going to news organizations, but rather to companies like Google and Facebook. News organizations are losing out on revenue streams, and many have been forced to close.
What is most alarming is that the lack of local news and feedback will hurt society as a whole. Knowing what is going on in the community is a fundamental part of democracy.
I can provide the figures for how advertising money is allocated these days. I will also give some arguments in support of taking a strong stance against giants like GAFAM.
The government has failed to impose regulations for far too long. If it thought that web giants like GAFAM would regulate themselves and be sensitive to our small communities, it was wrong. No matter what the web giants may say or do, their actions are motivated by greed, a bit like the oil companies, who care only about making a profit for their shareholders.
It takes courage to act. We saw what happened in Australia and the consequences of that. These companies have known our perspective on this for a long time, and they are well aware of the path they need to take. They no longer have a choice. There has been a lot of pressure for a long time. If we pass this bill quickly, they will no longer really have a choice. Either they get on board, or the government will get involved.
Why should ordinary people care about the passage of this bill? They should care because it affects them. We first need to realize that journalists make an invaluable contribution. Day after day, they do a tremendous job even though they do not always have proper funding. Their future is uncertain and, for them, every day counts.
Local media is increasingly important to our regional and rural communities. Local media and newspapers are the heart of the regional media ecosystem. Reporting on the stories of local people, or issues that affect them, requires journalists who are present in those communities, who live the community's experiences.
From sports and arts stories to investigative reports and the fight against corruption, local media issues are a particularly important part of the lives of people in these communities. Simply put, if web giants like GAFAM share news on their platforms, it is because they are getting something out of it. They are profiting handsomely, and unfairly, off all the people who write the news. They are shamelessly exploiting the news.
We need to take matters into our own hands, because playtime is over. Web giants do not have the same journalistic rigour. To maintain a healthy environment with a variety of opinions and the ability to distinguish truth from falsehood, we must allow professional journalists to continue to do their work, and give media companies a chance to regularly show us the product of that diligent work. That needs to happen everywhere, not just in major cities.
Facebook and Google are not going to send a reporter to cover a Russell Cup win by the Ville-Marie Pirates or the Temiscaming Titans. They leave that to CKVM, TV Témis, RNC Média and TVA Abitibi-Témiscamingue.
Facebook and Google are not going to send a reporter to ask Rouyn-Noranda municipal authorities about construction delays for the aquatic facility. They leave that to the Rouyn-Noranda paper, Le Citoyen.
Facebook and Google are not going to cover all the Amos festivals. They leave that to MédiAT, CHUN FM, TV Témis and Abitibi-Ouest community television with Gaby Lacasse.
In Abitibi-Témiscamingue, Radio-Canada is the one that gets the local MP on air for an interview to keep him accountable and let people know what he is doing.
The media crisis hit print media in Abitibi-Témiscamingue hard. As recently as 2017, our paper, Le Citoyen, still had 15 or so reporters covering our territory. Now the local weekly has just five of them left, and the content has been affected too.
The 60-page papers that used to be on every doorstep have thinned to 20. The Témiscamingue paper, Le Reflet, stopped printing paper editions because of the drop in ad revenue. Even the Énergie radio station cut two positions; its newsroom now has just two reporters covering Abitibi—Témiscamingue.
Take the RCM of Abitibi-Ouest, for example. A few years ago, there were two reporters permanently based there. Now there is just one. That might not seem like a big deal, but it means that a lot of what goes on in the 3,415 square kilometres and 21 municipalities that make up the RCM just does not get covered for want of time and staff.
Losing one reporter position might not seem like a big deal, but it is a monumental loss for small communities in Quebec. One less member of the media means articles and investigative reports do not get written. Events do not get covered. Voices are not heard. This affects the vitality of our communities.
That is why Bill C-18 is important. It is time for GAFAM to share revenues with local media. This money is important to boosting our regional media. It could help local media keep and perhaps even hire journalists, who can then ask us questions and report on the work we do here in the House of Commons. This is called accountability for all politicians.
The Minister of Canadian Heritage has provided an opt-in mechanism for GAFAM. Either they take a forward-looking approach and immediately begin reaching agreements with the various news companies, or the government will say that it will take care of them. It is up to GAFAM to decide.
I also welcome the fact that, with Bill C‑18, the government wants to leave room for independence and transparency in the agreements. Once this is done, GAFAM will have to file the various agreements with the CRTC. The CRTC will be responsible for confirming that the following conditions are met: the agreements include fair compensation; part of that compensation is used to produce local, regional and national news content; the agreements guarantee freedom of expression; they contribute to the vitality of the Canadian news marketplace; they support independent local news; and they reflect Canadian diversity and hopefully Quebec's cultural and linguistic diversity.
If we look at the eligibility criteria for news businesses, only those designated as qualified Canadian journalism organizations under subsection 248(1) of the Income Tax Act will be able to receive compensation when their news content is lifted. Non-Canadian businesses that meet criteria similar to qualified Canadian journalism organizations will also be eligible.
The requirement to employ two journalists is another obstacle for some of the more remote communities in Quebec. Think about it. Some hyper-local media outlets rely on just one person to produce all the news. These media outlets would not be eligible for this program as it currently stands. This is an obstacle to the development of our local media outlets, which are capable of being nimble and proactive.
Since I have the opportunity to speak to Bill C‑18, I would also like to draw my colleagues' attention to the fact that regional and community media will not see a difference or any clear improvement in their economic condition. I would like to know if the government is planning for additional measures. I would like to have answers to these questions.
News Media Canada, the voice of Canada's news media industry, has already stated that it would like us to review the eligibility criteria so that daily papers employing only one journalist are entitled to receive their share of the pie as well. This is a more accurate reflection of the reality of the media in remote areas such as Abitibi—Témiscamingue.
Let us also look at other provisions of Bill C‑18.
I see that the Minister of Canadian Heritage has included provisions to exempt the parties involved in these negotiations from certain conditions of the Competition Act and to require the parties to negotiate in good faith. The bill prohibits a platform from using such means as reducing or prioritizing access to a platform in retaliation or as a negotiating tactic. It allows news businesses to file complaints against the GAFAM with the CRTC if they notice platforms behaving in such a way. There are penalties and fines for the various entities subject to Bill C‑18.
The Bloc Québécois will vote in favour of this bill.
We had been waiting for Bill C‑18, and the bill to amend the Broadcasting Act, Bill C-11, for several years. When I read Bill C‑18, we still did not know how it would be received by media industry groups. We are continuing our discussions, and we will certainly have ideas about how to improve Bill C‑18.
There are many similarities between the Australian law and the Canadian bill. As in Australia, we expect that web giants like GAFAM will step up their efforts to influence, not to say pressure, parliamentarians and the media. I note that the government has been sensitive to the smaller players by allowing them to band together however they choose in order to negotiate, a provision that has been well received.
In Canada, the CRTC will manage the program. The money will go toward journalism, not the shareholders of a news company. I like that. The Australian law maintains confidential agreements and so does Bill C-18, but the government is giving the CRTC the role of reviewing them and checking whether they meet certain conditions that I mentioned earlier in my speech.
I want to explore some of the arguments I found by doing a little research. Let me begin with the good news. Media companies, at least some of them, are doing well thanks to some business decisions they have made. Some have even been able to hire new journalists and create additional positions. Others have gone ahead and brought in a subscription model, which does bring in some revenue. This is definitely not a cure-all, and it would still take a lot to convince me that media companies are able to keep their heads well above water.
According to a number of reports, roughly 18 Canadian journalism organizations have agreements with Meta that will provide nearly $8 million in revenue over the next three years. However, there is a caveat. Facebook says that it has contributed to Canadian media through its News Innovation Test, and that is true, but all the investments went to major Canadian media organizations. Those funds never made it to the local media in my riding or in many other Quebec ridings. That is another reason this bill is important. Without it, local media will definitely be overlooked by GAFAM. This poses a real danger to our democracy.
I want to come back to the fact that questions are also being raised about the negotiation of agreements between media outlets and web giants like GAFAM. It may be easy for large consortiums to get negotiating power, but it is a whole different story for local media outlets that serve small communities.
That is a concern for François Munger, the founder of MédiAT, who is worried that our local news creators will end up with next to nothing. I would like to remind members that the work of journalists in small communities is essential. I will do so by talking a bit about what makes local news unique and by quoting Mr. Munger, who had the courage to start his media company in 2015 in the midst of a media crisis. He said that he was starting a media company in Abitibi‑Témiscamingue because he believed in it and wanted to keep his community informed.
The local news expresses local colour and culture in the community's language. It addresses issues that get residents thinking and even taking the often necessary action to deal with issues that will affect their quality of life. The local news also reports on accomplishments that deserve to be recognized. Overall, the local news serves as a watchdog for the government and businesses. It also serves as the people's watchdog in their dealings with those entities. The local news provides information about municipal borrowing by-laws and violations and often reports on legal proceedings. We can see how important it is. The local news is who we are.
The government will have to provide immediate financial aid for small media outlets that are struggling to survive right now. The measures in Bill C‑18 will take another few months, and the media will not see one cent for at least a year. One possible solution would be for Ottawa to ensure that its ads are placed in these local media outlets that are struggling to bring in significant revenue.
It makes sense that Facebook needs content for its platform. If all the news content were cut from Facebook, there would be nothing left but viral content and entertainment. Evidently, I am not the biggest fan of influencers. To grow their user base and ad revenues, platforms such as Facebook need news. They have every interest in keeping the journalistic community alive and well.
Facebook needs to offer more engaging content, because the more eyeballs it can attract, the more advertising it can sell and the more revenue it will earn. Almost all of Facebook's revenue comes from advertising. Facebook and Google take in 80% of all online ad spending. That is where the real money is. About $193 million of their Canadian revenue is derived from content that was created by journalists and that does not belong to these companies. That is the kind of money that our news agencies could expect to get back in compensation.
In conclusion, Bill C‑18 is one of three bills from this department on the topic of modernizing our communications, and it is designed to address the dominance of multinationals. It would allow the media industry to get back to its roots and would support the industries that play a fundamental role in our democracy.
Our work is far from over, however, since the government has chosen to take small steps and will continue to do so. My Bloc Québécois colleagues have been keeping a close eye on this, and we are pleased to see that this bill includes the many proposals we made or included in our election platform. I must also say that I made promises to my constituents about these proposals, especially with respect to local and regional news media like TvcTK.
John Nater Conservative Perth—Wellington, ON
Mr. Speaker, I thank the hon. member for d'Abitibi—Témiscamingue for his speech.
If I understood his comments correctly, the Bloc Québécois will be voting in favour of this bill, even though it does have some concerns.
I believe that the Conservative Party has the same concerns about small businesses such as small community newspapers, which do not have the same resources as large businesses that have already signed agreements with Facebook and Google.
I would like my colleague to tell us more about these small businesses, these small community newspapers, which work very hard for our communities and for democracy.
Sébastien Lemire Bloc Abitibi—Témiscamingue, QC
Mr. Speaker, I would like to thank my colleague for his question.
Frankly, local and regional media are the key to democracy's survival. We know that, in this era of misinformation, it is essential to be able to count on them. In my work as a member of Parliament, I have the daily responsibility to respond as quickly as possible to these people, whom I wish to acknowledge here today.
We still have regional media in my riding, which means I have the opportunity and the privilege to do that. I invest time on this, because I know the sector is fragile. Just today, I gave a 20-minute interview to CHUN-FM, which is something I do every week. Every month, I participate in a program called Un café avec votre député, or “Coffee with Your MP”, on MédiAT, a media outlet in the RCM of Abitibi.
Every month, I spend time with the people from TV témis. Yesterday, I gave a 40-minute interview live from Quebec City about the work we are doing. We share information through the work of the media. Every two or three months, I have the opportunity to talk about my work for half an hour with Gaby Lacasse, who is a host at a community media outlet in Abitibi-Ouest. If we want to delve deeper into community issues, regional media is the way to go. It is essential.
I would even add that we need a space to be critical of the news. We need a forum on public affairs in the regions. Stakeholders need to be able to have their say, which is something we are lacking in Abitibi‑Témiscamingue. Sure, there is Club politique on Radio-Canada, but we need forums for debate and discussion. In this regard, the government has a responsibility to increase its funding for local and regional media. Radio-Canada is important, but there are other stakeholders, and the regions absolutely need diverse news coverage.
Online News ActGovernment Orders
May 13th, 2022 / 12:55 p.m.
See
context
Kingston and the Islands Ontario
Liberal
Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)
Mr. Speaker, when we look at Bill C-18, we see it is very similar to Bill C-11. We know that these are very important pieces of legislation that need to be implemented into law as expeditiously as possible in order to protect, with respect to Bill C-11, Canadian culture and, with respect to Bill C-18, smaller organizations and news outlets.
I am curious if the member can comment on the importance of that and making sure it gets done, and perhaps on the amendment that the Conservatives brought forward. They brought forward an amendment that would basically strip out this entire bill and send the issue to committee. Is that not what we are doing right now? Are we not debating this at second reading to send it to committee anyway?