The blog series on why Bill C-18, the Online News Act, is a bad solution to a real problem continues with the first of several posts on the eligibility rules, starting with the decision to make the CBC eligible for the system that could lead to mandated payments. The inclusion of the public broadcaster should be opposed by its critics and supporters since it harms both competition and the public interest role of the public broadcaster. Indeed, critics will rightly note the market distortion it creates for private entities who stand to lose further advertising-related revenues to the CBC, while supporters should be concerned that the bill undermines the CBC’s claim to a public interest role and makes an ad-free version of the service even less likely. [Previous posts in the series: the risk to the free flow of information stemming from mandatory compensation for linking, how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content”, the unprecedented government intervention in a sector where independence is essential, how the bill undermines Canadian copyright law and Canada’s international copyright law obligations, and a Law Bytes podcast episode based on my appearance before the Standing Committee on Canadian Heritage.]
Post Tagged with: "c-18"
The Law Bytes Podcast, Episode 141: Why the Online News Act is a Bad Solution to a Real Problem, Part Five – My Appearance Before the Standing Committee on Canadian Heritage
The Standing Committee on Canadian Heritage launched its hearings on the Online News Act (Bill C-18) with a pair of hearings late last month. At this stage, it remains unclear whether the committee will undertake the extensive study the bill deserves. I appeared in the very first hearing, using my opening statement to touch on four key concerns: the definition of “use”, government intervention, the risk of increased misinformation, and the breaches of Canada’s trade and treaty obligations. Coinciding with National Newspaper Week, this week’s Law Bytes podcast features an introduction to the bill and audio clips from the appearance.
Why the Online News Act is a Bad Solution to a Real Problem, Part Four: Undermining Canadian Copyright Law and International Copyright Treaty Obligations
The series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem has thus far focused on three issues: the risk to the free flow of information stemming from mandatory compensation for linking, how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content”, and the unprecedented government intervention in a sector where independence is essential. Today’s post raises an unlikely issue given that Bill C-18 is the responsibility of Canadian Heritage Minister Pablo Rodriguez, who also has part responsibility for copyright law in Canada. Buried within the bill is Section 24, a short provision with big copyright implications:
For greater certainty, limitations and exceptions to copyright under the Copyright Act do not limit the scope of the bargaining process.
What does this mean and why is it in the bill?
Why the Online News Act is a Bad Solution to a Real Problem, Part Three: Unprecedented Government Intervention into a Sector Where Independence is Essential
The first two posts in the series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem focused on the risk to the free flow of information stemming from mandatory compensation for linking and how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content.” The series continues by highlighting the remarkable extent to which the government and its regulator (the CRTC) intervene in the news sector, an approach that creates significant risks to an independent press.
The government appears to recognize the risks that come from intervention and have therefore sought to assuage concerns by describing the bill as “a market-based solution that involves minimal government intervention.” Yet the reality is Bill C-18 features an unprecedented level of government intervention into the market in the news sector. Just how extensive is the government’s involvement? Some of the provisions that delegate decision-making powers to the government or CRTC include:
Why the Online News Act is a Bad Solution to a Real Problem, Part Two: Encouraging Clickbait and Low Quality Journalism With No “News Content” Standards
The first post in this series on Bill C-18, the Online News Act, focused on the problematic approach to what constitutes “making news content available”, as it encompasses everything from indexing to linking to news stories without reproducing the actual text. The approach raises serious risks to the free flow of information online and expands the law far beyond reasonable expectations of what “use” of news articles might mean. But the problems with expansive definitions in the bill are not limited to the “making available” provision. Bill C-18’s definitions for “news content”, “news business”, and “news outlet” are also exceptionally broad, raising their own series of concerns.
Recent Posts
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation 
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record 
Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality 
The Law Bytes Podcast, Episode 228: Kumanan Wilson on Why Canadian Health Data Requires Stronger Privacy Protection in the Trump Era
