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Canada averts a Google news block, US bills in the works
The act, which is modeled on Australian legislation, led Google to threaten to de-index news from its search engine. In protest of the law, Meta, the parent company of Facebook and Instagram, blocked links to Canadian news in the country on both platforms. It’s currently holding out on a deal as Heritage Minister Pascale St-Onge tries to get the company back to the bargaining table.
The Online News Act kerfuffle is a symptom of a bigger issue: the power of governments to regulate large tech firms – a fight that is playing out in Canada, the US, and around the world. California is considering a law similar to Australia's and Canada’s. The bill passed the Assembly but is now on hold in the state senate until 2024. In March, a bipartisan group of lawmakers, led by Sens. Mike Lee and Amy Klobuchar, introduced a similar bill in the Senate, casting it as an anti-trust, pro-competition measure. Meta has made similar threats to pull news in response to the US push to mirror the Australian and Canadian laws.
Tech giants are resisting attempts to extract funds from them to support news media, a tactic that is part of a broader strategy to oppose regulation. But the Australian and Canadian successes may encourage California, the US Congress, and other states to move forward with similar efforts. The coming months will be a test of whether governments are able – and willing – to regulate these powerful companies. All eyes should be on the progress, or not, of the California and Congressional bills along with Canada’s negotiations with Meta since these cases will help decide the future of tech regulation itself.
Canada's Prime Minister Justin Trudeau.
Google throws Trudeau a lifeline
Canada’s Online News Act, introduced last summer to force revenue-sharing on tech giants, backfired badly when Meta decided to block Canadian news outlets from their platforms rather than pay up.
Bill C-18 and the tech giants’ response to it spelled trouble for a media industry already in crisis – traffic and revenue plummeted. It was bad news for PM Justin Trudeau, whose revenue-sharing law was intended to improve things for media outlets, not make things worse, and it opened him to criticism that he was incompetently wrecking an industry he was trying to help.
But this week brought a turn in fortune. Canada reached a deal with Google that will see the tech giant compensate Canadian news outlets for linking to their stories. The deal, which requires Alphabet to pay between $100 million and $172 million a year, is a huge relief to Trudeau after months of withering criticism.
Facebook and Instagram are still blocking news links from Canadian publishers, and there is no indication that Meta wants a deal under any circumstances.
Google and Meta were undoubtedly nervous about an open-ended requirement to pay what could set a pricey precedent for them in other jurisdictions. However, according to the CBC, Ottawa will introduce regulations allowing Google to negotiate with a group representing all media organizations, thereby limiting its arbitration risk. Similar laws are being considered in Washington state and California.
The money in question – well below $200 million – is not huge considering that Google has about half of all of the $14-billion digital advertising revenue in Canada in 2022.
Reaction in Canada is mixed. The deal comes as a relief, but it will not save the industry. In both Canada and the United States, the rise of digital advertising has bled revenue from traditional media, leading to job losses and growing news deserts, or areas without a local newspaper. The Trudeau government responded with this bill and with government subsidies: The recent fall economic statement included $129 million, for example, for news organizations through a tax credit for up to $29,750 per journalist.
But such government backing may come at a price. Increasingly, Conservatives are warning that news organizations will be motivated to support the Liberal government in order to keep the money flowing.