Canadian Government Acts to Protect News Publishing


Canada – The Online News Act

The recently passed act is based closely on the Australian model. It is based on addressing the unequal power of platforms over press. An imbalance is assumed unless proved otherwise and if no commercial deal between the parties is reached (with either a single publisher or collective organisation) an arbitration clauses kick in. This process is overseen by the telecoms regulator. An exemption from the act is available only of the platform can prove a fair offer or that they are not large enough to be assumed to be a platform.  It specifically excludes the use of copyright as an argument in valuation of platform use of news content. Qualifying publications must employ 2 or more journalists and be reporting on ‘the democratic process’ (so includes some magazines and online publications). Fines of c$15m per day can be applied for non compliance. There is an independent auditor who will check on how the system is benefiting news production.

It seems likely that publishers will negotiate individually.

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