I declare the motion carried.
I wish to inform the House that because of the proceedings on the time allocation motion, Government Orders will be extended by 30 minutes.
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.
The Deputy Speaker Conservative Chris d'Entremont
I declare the motion carried.
I wish to inform the House that because of the proceedings on the time allocation motion, Government Orders will be extended by 30 minutes.
The House resumed from May 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 second time and referred to a committee, and of the amendment.
Second ReadingOnline News ActGovernment Orders
May 30th, 2022 / 1:20 p.m.
See
context
Winnipeg North Manitoba
Liberal
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, it is a pleasure to talk about an important piece of legislation. I suspect that what we would find is virtually universal support, no matter where one goes in Canada, for this type of legislation.
In fact, it was not that long ago when we were in a national election and the Conservative Party of Canada was talking about how important it was to deal with this very same issue. On the one hand, Conservatives seemed to love the idea back in September, but something has happened. Maybe it is that leadership vacuum, but the bottom line is that the Conservatives now seem to want to waffle.
Let me assure my friends across the way that Canadians understand the issue. They understand it fully. Unlike the Conservatives, we recognize the value of our public having media sources they can actually count on and of supporting that industry, both directly and indirectly.
Someone who was suspicious of the Conservative tactics on this legislation might raise a couple of issues. One that comes to mind is the issue of fake news. The Conservatives love fake news. It was not that long ago the Conservatives were saying the Liberals are going to put a tax on trucks. Do members remember that one? That was a Conservative fake news spin. A big part of their agenda—
The Deputy Speaker Conservative Chris d'Entremont
Order. I know we have been away for a week and I am so glad to see that everybody is looking forward to talking and happy to see everybody, but I would ask to just keep the noise down a bit and respect other members.
The hon. parliamentary secretary.
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, I am trying to emphasize why it is so important that we support the industry. From a government, from a party or even from the average person in our communities, they all recognize the true value of fact-based news. It is somewhat foreign to the Conservative spin doctors, and that is why I brought up the truck issue.
In the very brief discussion I had moments ago, another example came up. Do members remember the fake news when the Conservative Party said the Liberals are going to put a tax on the sale of principal homes? We can stand up in the chamber and tell Conservatives that this is just wrong and is an outright untruth. I did not say the word “lie”; I said “untruth”.
The Conservatives would say something of that nature, and we would stand up and say that it is just not true, yet the Conservatives still try to say something that is questionable—
The Deputy Speaker Conservative Chris d'Entremont
Order. Let us all take a moment and take a deep breath. Question period is not for another hour or so. Let us bring the temperature down, but also let us not do indirectly what we cannot do directly either.
The hon. member for Winnipeg North.
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, let me restart, if I can put it that way. There is an expectation that we all have. We all have it because we went through a national election where it was made very clear that the government was given a new mandate and part of that mandate was to show there was a need for opposition parties and government to work together. We see that taking place quite often between different opposition parties and the government.
Unfortunately, the Conservative Party has taken an approach where it does not matter what the legislation is and the importance of Bill C-18—
The Deputy Speaker Conservative Chris d'Entremont
There is a point of order from the hon. member for Regina—Lewvan.
Warren Steinley Conservative Regina—Lewvan, SK
Mr. Speaker, we hear this narrative all the time with the Liberal Party saying that the Conservatives do not co-operate. We had unanimous consent on the constitutional amendment for Saskatchewan, so we have co-operated—
The Deputy Speaker Conservative Chris d'Entremont
We are descending. This is debate, and I am sure there are lots of slots that people can fill on this debate on the bill before us today.
The hon. parliamentary secretary to the government House leader has the floor.
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, being inspired, I would ask if there would be unanimous support to see this legislation go through, given the fact that all political parties supported the principle of the legislation and supporting the principle would only see it go to committee stage. I would encourage that sort of enthusiasm for support on Bill C-18.
The point I was trying to get at is that Bill C-18 is important legislation that would have a profoundly positive impact. The minister has done an incredible job, through the ministry, of gathering and sharing thoughts and ideas and getting the information necessary to bring forward legislation that would make a difference and would be a true reflection of what Canadians wanted back in September of last year.
We also need to recognize there is the expectation that the government will bring forward legislation and that opposition parties will participate and be engaged. We often see that, especially from members of the New Democratic Party, the Green Party and the Bloc. At times we will see it from the Conservatives. It is not too often, but maybe at times.
The bottom line is that what we have witnessed in recent months is a great filibuster on whatever the legislation might be. That is the reason we needed to bring in time allocation on this legislation. The best example I could probably give would be Bill C-8. Members might remember Bill C-8 as the fall economic statement legislation that was just recently passed. That is an excellent example of the manner in which the Conservative Party will go out of its way to stop legislation from passing.
Bill C-8 was all about supporting Canadians through the pandemic. Bill C-18 is all about protecting a critical industry here in Canada. It is an industry that needs legislation of this nature. Canada is not alone. There are other countries that have moved in this direction and recognized the need for national governments to bring forward legislation. In fact, the official opposition recognized and seemed to support what was taking place in Australia on this issue. It has made reference to that.
I believe Bill C-18 is—
The Deputy Speaker Conservative Chris d'Entremont
Order, please.
Somebody has their microphone on in the parliamentary feed.
The hon. parliamentary secretary has the floor. I am sorry to be interrupting him so much.
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, I am sure I will be given the time back.
At the end of the day, I believe we have better legislation than Australia. I understand the Conservative Party supports what is taking place in Australia. There is more transparency in Bill C-18, so one wonders why the Conservative Party would not see the value of it and not only support the legislation but allow it to ultimately pass as opposed to continue to put up some form of a filibuster.
At the end—
The Deputy Speaker Conservative Chris d'Entremont
It seems we keep getting the hon. member for Notre-Dame-de-Grâce—Westmount on the parliamentary feed, so let me once again make sure we are clear.
The hon. parliamentary secretary has the floor.
Kevin Lamoureux Liberal Winnipeg North, MB
We will try this again, Mr. Speaker.
What we are looking at in Bill C-18 is legislation that would provide more transparency and ultimately more accountability than we saw in Australia. Canadians as a whole, in all regions of the country, desire to see fact-based news reported. One of the ways in which we can ensure that takes place is to support Bill C-18.
On one hand, we had every political entity inside this chamber in the last federal election say that it supported that form of legislation. The good news is that, like so many other platform issues in an election, the Government of Canada has brought forward legislation that would fulfill yet another commitment to Canadians, so it should be no surprise. Part of that commitment is to see this legislation ultimately pass. That is why the Minister of Heritage was here about half an hour ago, talking about why it was important that we bring in time allocation to get this legislation passed.
I would appeal in particular to my Conservative friends to recognize the true value of the legislation and suggest to them that times have changed. When I was first elected as a parliamentarian a few years back, I can remember walking back into the Manitoba legislature in 1988 and looking into the press gallery. We have a press gallery up here, but it is not very often that we actually see members of the press in there. Having said that, when I first walked into the Manitoba legislature during a question period, the press gallery was packed. We would have two cameras from CBC. We would have CKND there. We would have CTV. We would have at least three reporters from the Winnipeg Free Press and from the Winnipeg Sun and even some rural media. There were not that many chairs, and often we would see media personalities standing. When I left the Manitoba legislature a number of years ago, prior to coming here, we might get one or two members of the media sitting in the gallery.
We need to recognize the number of local news outlets that have been lost through print media, radio and television. Our communities really miss community-based reporting of local news. At large companies, including CTV, CBC and other major media outlets, there have been cutbacks. We should all be concerned. We are a parliamentary democracy in Canada. Our system is very much dependent on having a healthy, modern media industry. I have used the word, as many of my colleagues have. When we talk about a modern industry, it is absolutely critical that it be fact-based. That is why more and more we are seeing a sense of urgency in getting this type of legislation put before the House and into committee, and ultimately coming back and getting the royal assent that is necessary in order to make it the law of the land.
The legislation would ensure that there is a free, independent press that is able to enhance our democratic values, and it would ensure that there is a certain element of fact-based news that we see when we look at Facebook and YouTube and those high-tech world-leading giants, if I can put it that way.
Let us compare yesterday to today, yesterday being a number of years ago, and the advertising that would have taken place. I will use the Winnipeg Free Press as an example and the advertising dollars it would have generated during the 1990s. We can compare that to the amount of advertising required today. Whether it is print, radio or TV, it is advertising dollars that generate the revenue to provide opportunities for those companies to pay their employees, from the people delivering, publishing or printing the papers to the journalists, the ones writing the stories and providing the editorials. There has been a massive loss of advertising revenue not only by our major newspapers, but also our community-based newspapers. If we look at rural communities and municipalities versus larger urban centres, we have seen a reduction in what I would suggest is reliable, fact-based reporting because of the loss of revenue.
Where we have seen an explosion, on the other hand, is through the Internet. It has been cited, for example, that Facebook and Google consume somewhere in the neighbourhood of 80% of what goes into advertising. Are the reporters and investigative journalists receiving any sort of real financial compensation for the work they are doing to create and provide the fact-based stories that come from Internet giants Google and Facebook? If we do a Google search or look at Facebook, we see these streams that incorporate news broadcasts. Is there fair compensation being provided?
The government and, based on the last federal election, I would argue all members recognize that there is a deficiency and that fair compensation is not being provided. It is the Government of Canada that is in the best position to ensure that there is a higher sense of awareness and that we have an industry that is being protected. It goes much further than the issue of jobs. It is an industry that we cannot afford to lose or neglect. I would suggest there is an obligation for us to protect it and do what we can to enhance it. When we read through Bill C-18, that is what we will find it would do. The sooner it gets through the House of Commons and becomes law, the sooner we will enable many news agencies to have the opportunity to have fair discussions and negotiations with companies such as Google and YouTube. That is why I believe it is so critical.
In the questions and answers the Minister of Canadian Heritage provided earlier today, he was talking in part about the number of people we are losing in that industry. I do not have the actual numbers, but I could speculate in terms of salaries. I suspect the average salary in that industry has modestly increased and I would not be surprised if, in many ways, it has decreased at a time when, as the Internet explodes, there is an even higher demand for reliable news.
I know how important it is. On a weekly basis, I go to a local restaurant where every so often a certain gentleman would come by, and I could tell what paper he was reading by the criticism he was providing. One day I suggested to him that he should broaden his reading and share other stories that were being published. Interestingly, he never did show up again. I suspect it was because he had been looking at the broader media and reading what was being published by some of those agencies that we have grown to trust over the years. There is a high sense of accountability for Global, CTV and CBC, and newspapers both nationally and locally. When they appear in newsfeeds, whether it is on Facebook or YouTube or in whatever format, it does make a difference.
This government is not going to be intimidated in any fashion by the tech giants of the world. We want to ensure that the industry is protected, and we need to put everyone on a more level and fairer playing field. There needs to be proper compensation to our media outlets that are being tapped into in order to foster greater profits for those high-tech world companies, and in short, that is exactly what Bill C-18 would do: It would put in place a process that would enable negotiation and a much higher sense of fairness. It would protect our news industry as we modernize and continue to move forward.
I encourage all members not only to support the legislation before us but also to support its passage so that it can get royal assent possibly as early as the end of June.