Michael Geist Profile picture
Apr 8 6 tweets 3 min read
Hard to think of a worse week in Canadian digital policy. First, Bill C-11 continues to chug along with the government relying on cartoons to misleadingly claim that the bill won’t touch user generated content (it clearly does). 1/6
Meanwhile, the Chair of the CRTC implausibly claims independence while actively supporting Bill C-11, legislation that would govern the Commission. The lack of public trust in the CRTC is well-earned with the Chair still facing charges of bias. 2/6
The government follows up with Bill C-18, which features massive government intervention into the market alongside mandated payments for links and “facilitating access” to news. CRTC to decide who qualifies and if licensing deals are ok. 3/6
The justifications for Bill C-18 from Heritage Minister @pablorodriguez amount to gaslighting with the government intervention somehow characterized as “market-based” approach, leaving @VassyKapelos visibly puzzled. 4/6
Then #Budget2022 has its own surprise: buried on page 274 but never mentioned by @cafreeland is copyright term extension, a tax on consumers and serious harm to accessing Canadian culture. No new entry into public domain for a generation. 5/6
Unsurprisingly all of this leads to lots of high-fiving from lobby groups and the media. The interests of the broader public, Internet users, digital first creators, independent media, education seemingly no longer a priority. Tough week. 6/6

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More from @mgeist

Apr 8
Canadian governments have long resisted copyright term extension for obvious reasons: real costs and few benefits. Canada caved in the USMCA and now @cafreeland buried implementation in #Budget2022. What can be done about this “tax on consumers”? 1/5 michaelgeist.ca/2022/04/budget… Image
The opposition to term extension is universal outside a handful of lobby groups. Australia, NZ have studied the costs and @pauljheald has conducted research that found it reduces publication and access. #Budget2022 2/5 papers.ssrn.com/sol3/papers.cf…
Australian professor @rgibli studied the Canadian market on e-books and found a positive effect of public domain: more availability and a significant impact on consumer cost. With millions at stake this is a tax on consumers. #Budget2022 3/5 papers.ssrn.com/sol3/papers.cf…
Read 5 tweets
Apr 7
My post today on why Bill C-18 is even more extreme than Australia’s code. Simply put, @pablorodriguez believes large Internet companies that *facilitate access* to news –  not copying, not using, not even directly linking –  should pay for doing so. 1/5 michaelgeist.ca/2022/04/just-h… Image
Yesterday, @JustinTrudeau told the House that Bill C-18 compensates journalists when the Internet companies “use their content”. But Section 2(2)(b) covers much more: when “access to the news content, or any portion of it, is facilitated by any means” 2/5 michaelgeist.ca/2022/04/just-h…
What does that mean? Linking to front page of a news site in social media post or a tweet, having your search index include general links to Canadian media, perhaps even e-newsletter alerts. All “facilitation” captured by Bill C-18. 3/5 michaelgeist.ca/2022/04/just-h…
Read 5 tweets
Apr 6
Thread #2 on Online News Act (Bill C-18): @pablorodriguez insists this is a “market based approach.” Feels like total gaslighting. The government/CRTC decides which platforms are regulated, which news orgs qualify, and what agreements are acceptable. 1/8
The “who” is regulated as a “digital news intermediary” can be interpreted very broadly. More than just Google or Facebook. Think Twitter, LinkedIn, Apple News. All could find themselves subject to CRTC oversight on licensing deals and mandatory arbitration. 2/8
As for which news organizations qualify, C-18 relies on the QCJO definition but appears to extend to foreign owned news orgs too. Think NY Times or Rupert Murdoch’s WSJ. That might help address a trade challenge, but doesn’t address the local news concerns. 3/8
Read 8 tweets
Apr 6
Here’s the first of two threads on my review of the Online News Act - Bill C-18 - and why I think it represents a serious risk to sharing information online. This one focuses on @pablorodriguez insistence that there should be payment for links. 1/5
For just about anyone that has spent time online, the @pablorodriguez position that linking is compensable is hard to square with their own habits (even the Minister links to stories) and the reality that news sites benefit from referral links. 2/5 facebook.com/HonPabloRodrig…
In fact, the news sector clearly acknowledges the benefits. News Media Canada ran a webinar last year on getting indexed in Google, headlines in Google News and traffic on Facebook. Yet they now want payment from those free services. 3/5 nmc-mic.ca/event/reviving…
Read 5 tweets
Apr 5
The Online News Act (Bill C-18) requires platforms to pay for links to news stories, including public and private broadcasters (CBC). Massive role for the CRTC:
1️⃣Determines whether platforms exempt from mandatory bargaining (if the private deal meets regulatory requirements)
1/3
2️⃣Facilitates mandatory bargaining process if requested by eligible Canadian service
3️⃣Ensure deals “contribute to health of news ecosystem”
4️⃣Oversees codes of conduct, use auditor to review the deals and assess their impact
5️⃣Monitor compliance with millions in penalties
2/3
This is an absolutely massive intervention into the news sector with the government ruling that links to news must be paid for and the CRTC overseeing what deals are “fair”. My post from earlier today on why this is terrible policy: 3/3 michaelgeist.ca/2022/04/here-c…
Read 8 tweets
Mar 16
Bill C-11 touted by Minister @pablorodriguez as helping to create Canadian stories. But economics not a major concern with record film and TV production investment. So what of the cultural dimension? Thread on why the current Cancon system is broken. 1/9
Despite record investment, Bill C-11 proponents argue support goes to foreign productions filmed in Canada, not Canadian stories. But not-so-secret reality is that foreign productions and Canadian content are frequently indistinguishable. 2/9 michaelgeist.ca/2022/03/bill-c…
So what’s not included in Cancon?
Netflix funded Jusqu’a Declin, a Quebec-based film. Filmed in Quebec, Quebec director, Quebec actors, Quebec personnel. Viewed tens of millions of times worldwide. Not Cancon under the current system. 3/9 actualites.uqam.ca/2020/jusquau-d… Image
Read 9 tweets

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