The House proceeded to the consideration of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, as reported (with amendments) from the committee.
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 House proceeded to the consideration of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, as reported (with amendments) from the committee.
The Deputy Speaker Chris d'Entremont
There being no motions at report stage, the House will now proceed, without debate, to the putting of the question on the motion to concur in the bill at report stage.
Online News ActGovernment Orders
December 13th, 2022 / 12:20 p.m.
Honoré-Mercier Québec
Liberal
Pablo Rodriguez LiberalMinister of Canadian Heritage
moved that Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, as amended, be concurred in at report stage.
The Deputy Speaker Chris d'Entremont
The question is on the motion.
If a member of a recognized party present in the House wishes that the motion to be carried or carried on division or wishes to request a recorded division, I invite them to rise and indicate it to the Chair.
An hon. member
On division.
Pablo Rodriguez Liberal Honoré-Mercier, QC
moved that the bill be read the third time and passed.
Mr. Speaker, before I begin, I would like to ask for unanimous consent to share my time with the member for Winnipeg North.
Some hon. members
Agreed.
Online News ActGovernment Orders
December 13th, 2022 / 12:20 p.m.
Honoré-Mercier Québec
Liberal
Pablo Rodriguez LiberalMinister of Canadian Heritage
Mr. Speaker, I am truly pleased to be here today to talk about the online news act.
I want to take a moment to express my sincere condolences to the family and loved ones of my friend and colleague, Jim Carr. Jim served Canadians with pride and dedication. He will be profoundly missed.
As I have been saying from the beginning, with Bill C-11, the online streaming act, and with Bill C-18, the current bill, Canada is leading the way. The whole world is watching. On the surface, the bill we are debating now is simply about ensuring fair compensation for Canadian media, but the issue is actually much bigger than that.
It is about protecting the future of a free and independent press. It is about ensuring that Canadians have access to fact-based information. It is about protecting the strength of our democracy, one of the most important legacies that we can leave to future generations, who will see the Internet and new technology play an increasingly larger role in their lives.
When the Internet first came along, we thought it was amazing. It was, and it still is. We were suddenly able to access information from around the world in a few simple clicks. Suddenly, we had an infinite number of possibilities at our fingertips, and we still do. We all love that.
That being said, it also brought incredible challenges.
The Internet has fundamentally changed the way we create, search and consume content, especially when it comes to news. Right now, our news sector is in crisis: 468 media outlets, newspapers, television, radio stations and news websites, closed between 2008 and last August, 84 of them since the beginning of the pandemic.
Why is this happening? More and more Canadians are turning to digital platforms like search engines and social media networks as gateways to find news. At the same time, the number of Canadians who read their news in print or watch it on TV is rapidly declining.
Right now, the news is largely disseminated by these platforms, but the companies creating that news are not benefiting from it as they should. The impact on our press has been devastating.
The numbers speak for themselves. Since 2010, about one-third of journalism jobs in Canada have disappeared. In the last 12 years, Canadian television stations, radio stations, newspapers and magazines, which depend on advertising revenue, have lost $4.9 billion, even though online advertising revenue in Canada surpassed $10 billion in 2021. The lion's share of that $10 billion went to the tech giants, which pocketed 80% of the revenue. The digital platforms dominate the advertising markets, so they can set their own terms, which are often unfair. In the midst of all this, the media has lost its economic influence. Right now, the digital platforms have absolutely no incentive to fairly compensate the media for its content.
The status quo is not an option and it never will be. There is absolutely no doubt that a free press, an independent and thriving press, is absolutely essential to our democracy.
We all rely on timely and accurate news to make rational decisions, to counter disinformation and to fully participate in our democracy. In these challenging times, we need it more than ever.
The pandemic gave us a strong reminder that access to quality information could literally save lives.
The Russian invasion of Ukraine and the global protests inspired by Mahsa Amini are also devastating reminders that we must never ever take our freedom, our democracy, for granted. We must fight for it every day.
Dominant platforms have a responsibility to support news and journalism in our democracies. Tech giants have a choice to make, and I want to work with them. We want to work with them, but we must act now.
What will the online news act do? It will help build a fairer news ecosystem, one that supports a free and independent press, one that will hold the tech giants accountable to Canadians.
How will it work? The act proposes a simple, practical and market-based approach. It is not complicated. Digital platforms will have two options. Either they enter into fair agreements with news media, or they will be forced to negotiate based on specific criteria.
The agreements will have to satisfy seven criteria. First, the digital platform must pay fair compensation to the news media. Second, an appropriate portion of the compensation must be used to support the production of local, regional and national news content. Third, the agreements must show that they defend freedom of expression and journalistic independence. Fourth, the agreements must contribute to the vitality of the news sector. Fifth, the agreements must reflect the diversity of the Canadian news sector, including with respect to language, racialized groups, communities and local characteristics. Sixth, the agreements must support independent local news businesses in Canada. Lastly, the agreements must contribute to the vitality of indigenous news outlets.
News businesses would also be able to negotiate collectively, giving smaller news outlets more bargaining power. This is extremely important. If platforms and news outlets are unable to reach voluntary agreements, then, and only then, would the act mandate negotiation, with final offer arbitration as a last resort.
Members may say that this model is very similar to the one introduced in Australia, and they are right. However, we have learned from its experience, considered the feedback from stakeholders and adjusted it to fit our Canadian context. As I have said before, Canada is paving the way.
Canadians expect us to act to protect their local journalism and to do so transparently.
This is a complex task. We are hearing concerns and criticisms, and that is normal. Unfortunately, we have also seen misinformation in connection with the bill.
Our job as a government is not to stand up for the web giants or repeat their talking points like the Conservatives are doing. Our job is to be there for Canadians. It is the right thing to do. We will face challenges, because we are breaking new ground and that is never easy.
The online news act is one piece of a large and complex puzzle that aims to build a safer, more inclusive and more competitive Internet for all Canadians.
I have spoken with my G7 colleagues about all of this and I can say one thing: The whole world is watching Canada right now.
I hope that together we will rise to the occasion. We must never take our democracy for granted. We must do whatever it takes to preserve it. This is why I am asking all colleagues in the House to support this legislation.
Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC
Mr. Speaker, Bill C‑18 has been introduced at last. I would be remiss if I did not mention from the outset that we have been waiting a long time for a bill to help local journalism and our media. This is a good thing.
One could say it is a shame it took so long. Here it is 2022, and it is not as though web giants showed up just last week. They have been around for years. It took the government a very long time to take action. Now, I can only hope that we will manage to get Bill C‑18 passed so it can come into force.
That said, Bill C‑18 has some issues, such as the requirement to have two journalists to be eligible for these agreements. Many news media organizations have just one journalist. More and more of our cities and towns, including some in my riding, are becoming media deserts.
Does my colleague really think that Bill C‑18 will be enough to resurrect them and bring media back to places that do not currently have any, or are there any further measures his government should take? I think more measures should be taken, but at least the Bloc Québécois will vote for this one.
Pablo Rodriguez Liberal Honoré-Mercier, QC
Mr. Speaker, I thank my colleague for his question. I also want to thank the Bloc Québécois for all the rigorous work they did on Bill C-18 and for their support of the bill.
As I have said many times, this bill is not a panacea or a goal in itself, but it is an extremely important tool that essentially calls on the dominant platforms, the ones that control a substantial portion of the market and advertising revenues, to contribute to the production of local content. Many news media outlets, including radio stations, newspapers and television networks, have shut down. The bill needs to ensure that platforms also contribute to the growth of local journalism, especially smaller media outlets in the various provinces and regions, including of course in my colleague's riding. That is why Bill C-18 is so important.
It is not the only one, since the government has brought forward several other measures to support a free and independent press, including the payroll tax credit and other programs.
Charlie Angus NDP Timmins—James Bay, ON
Mr. Speaker, we are dealing with a number of factors. The massive power of the tech giants is unprecedented. The use of algorithms is really distorting public conversation and there are algorithms that drive people to extremist content.
One of my concerns is that there was a pre-existing problem, where we saw a few of the media giants in Canada buy up many of the small newspapers and fire staff. If we look at any of what used to be great local papers, often the website pages are the same, page after page and newspaper after newspaper. We are not getting local content from those sources. I am concerned, if we are talking about supporting local, that we not just be paying into some of the large media platforms that have literally stripped our local voices out of our local media.
How do we ensure the money is going to create a balanced ecosystem of local and regional identities that are part of the fabric of Canadian conversation?
Pablo Rodriguez Liberal Honoré-Mercier, QC
Mr. Speaker, I thank my colleague for the seriousness of the work of the NDP on this very important bill. I also want to thank him for the support. What he just said is extremely important. It is why we put that in the conditions. I will repeat what I read in my speech.
The agreements must support local independent news businesses in Canada.
To get an exemption, a platform, like Google or Facebook for example, needs to also have agreements with local media outlets that are independent. Yes, they will have deals with the big players, smaller players and regional players, but also with the independent players. We put this as a condition because it is fundamental to making sure those small news outlets thrive. We need them in our regions. They are disappearing. We need to put a stop to that. It is why this bill is so important.
Han Dong Liberal Don Valley North, ON
Mr. Speaker, this past August we heard that Sing Tao Daily, which is a very well-known Chinese daily newspaper, permanently stopped its printing service. We heard recently that the last remaining one, Ming Pao, has been undergoing some challenges as well.
These Chinese-language Canadian newspapers are very important to the Chinese Canadian community here and for them to receive proper information. For a lot of them, that is the only source of credible information.
I want the minister to talk about how this bill is going to help these ethnic media newspapers, those that are treasured so much by the newcomers and ethnic communities in Canada.