Post Tagged with: "c-18"

TVO, The Agenda screenshot, https://www.tvo.org/video/how-will-canada-regulate-news-and-streaming

The Law Bytes Podcast, Episode 150: How Will Canada Regulate News and Streaming – My Appearance on TVO’s The Agenda

The government’s two big Internet bills – Bill C-11 and Bill C-18, both made significant advances late last week. The Senate Transport and Communications committee concluded months of hearings on Bill C-11 by agreeing to about 25 amendments, notably including a change to the scope of user content regulation that is designed to limit the application to sound recordings as well as the removal of a provision that critics feared would limit CRTC independence. Meanwhile in the House, Bill C-18 cleared the Canadian Heritage committee with changes that invite legal challenges and make a showdown over blocking news content increasingly likely. 

Just prior to these committee meetings, I appeared on TVO’s the Agenda with Steve Paikin to discuss the bills and why they matter. The interview elicited very positive feedback and with the kind permission of TVO and the Agenda, I’m pleased to provide the audio version of that interview as this week’s Law Bytes podcast. 

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December 12, 2022 4 comments Podcasts
Half Off by J Stimp (CC BY 2.0) https://flic.kr/p/XtBCyj

Big Cost, Smaller Benefit: Government Modelling Pegs Likely Bill C-18 Revenues at Less Than Half of Parliamentary Budget Officer Estimates

Canadian Heritage Minister Pablo Rodriguez has touted Bill C-18, the Online News Act, as critical for Canada’s media sector, but government’s internal modelling suggests there will be limited benefits for most news outlets. Earlier this fall, the Parliamentary Budget Officer estimated that it would generate $329 million per year, with over 75% of that revenue going to broadcasters such as Bell, Rogers, and the CBC. At the time, I noted that meant that “newspapers will receive less than 25% of the funding or about $81 million to split among hundreds of news outlets.” It turns out that the government believes that vastly overstates the benefit as its own modelling estimates about $150 million in total revenues, less than the 50% of the PBO’s estimate. Assuming a similar apportionment of revenues between broadcasters and newspapers, that would place the benefit at just over $37 million for the entire newspaper sector. In fact, as the government has expanded the eligibility to hundreds of additional outlets, the benefits for each organization shrinks even further.

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December 8, 2022 4 comments News
Winners and Losers by Neil Owen https://www.geograph.org.uk/photo/5700794 (CC BY-SA 2.0)

How the Government Is Using Bill C-18 to Pick Media Winners and Losers

Canadian Heritage Minister Pablo Rodriguez’s claim that Bill C-18, the Online News Act, was a hands-off approach was never really credible, but the clause-by-clause review of the bill has taken the government picking media winners and losers to another level. It was always readily apparent that the bill represents an unprecedented government intervention into the Canadian media sector with the extensive power wielded by the CRTC as it sets regulations and the ground rules for the mandatory arbitration process. Further, the Parliamentary Budget Officer’s estimate on the benefits that might arise from the bill – hundreds of millions of dollars of which more than 75% would go to broadcasters such as Bell, Rogers and the CBC – provided a reminder that there was big money involved of which relatively little would go to the newspaper sector.

In recent weeks, however, the government’s role in picking winners and losers has become even more pronounced. Liberal MP Lisa Hepfner’s ill-advised comment that online news outlets weren’t real news was rightly criticized (leading to an apology and near total silence from Hepfner ever since) but skeptics feared she was merely saying the quiet part out loud since the reality of Bill C-18 is that it is the lobbying product of large media outlets, who are set up as the prime beneficiaries.

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December 6, 2022 3 comments News
Radio local, Dawson City, Yukón, Canadá, 2017-08-27, DD 64.jpg by Diego Delso, CC BY-SA 4.0 , via Wikimedia Commons

Money for Nothing: Government Quietly Expands Bill C-18 Eligibility to Broadcasters That May Not Even Produce News Content

Later today, the Canadian Heritage committee will continue its clause-by-clause review of Bill C-18, the Online News Act. The committee is virtually certain to expand the eligibility of news outlets, responding to concerns that the current criteria may exclude smaller, independent outlets from benefiting from the bill’s mandatory payment/arbitration system. However, earlier this week, just as the committee was hearing that the bill covers quotes with links to news content by users in Facebook posts, it quietly expanded the scope of the definition of “eligible news business” in a manner that opened the eligibility door to some organizations that may not even produce news content. As a result, the bill faces another potential trade challenge as it evolves into a straight subsidy model in which the bulk of the payments go from Internet companies to Canadian broadcasters with little regard for value or any notion of actually use of news content.

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December 2, 2022 7 comments News
USTR and Canada Readouts, November 30, 2022, https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/november/readout-ambassador-katherine-tais-meeting-canadas-minister-international-trade-export-promotion, https://www.canada.ca/en/global-affairs/news/2022/11/minister-ng-meets-united-states-trade-representative-katherine-tai.html

A Tale of Two Readouts: U.S. Escalates Trade Concerns With Canadian Digital Policy as Canada Seeks To Downplay the Issue

Canadian International Trade Minister Mary Ng and U.S. Trade Representative Katherine Tai met yesterday to discuss Canada-U.S. Trade issues and concerns regarding Canada’s digital policy – most notably a proposed digital sales tax and Bills C-11 and C-18 – continue to mount. The U.S. raised digital policy concern over the summer, specifically citing Bill C-11 with a reference to “pending legislation in the Canadian Parliament that could impact digital streaming services.” The latest readout suggests that the concerns are growing, as the U.S. now cites both Bills C-11 and C-18 by raising “pending legislation in the Canadian Parliament that could impact digital streaming services and online news sharing and discriminate against U.S. businesses.”

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December 1, 2022 3 comments News