The "Harm Bill" is not an official term used in Canadian law. It is a colloquial term often used to refer to Bill C-18, the Online News Act, which was passed by the Canadian Parliament in June 2022.
This bill aims to force tech giants like Google and Facebook to pay Canadian news publishers for the use of their content on their platforms. The bill has been controversial, with some arguing that it will help support Canadian journalism and others claiming it will stifle online news and innovation.
Here are some key aspects of the bill:
Key Provisions:
- Negotiation Requirement: The bill requires digital platforms to negotiate fair compensation with news publishers for the use of their content.
- Final Offer Arbitration: If negotiations fail, the bill allows for a final offer arbitration process, where an independent arbitrator will determine the fair compensation.
- Exemptions: The bill includes exemptions for small businesses, non-profit organizations, and certain types of content.
- Enforcement: The bill empowers the Canadian Radio-television and Telecommunications Commission (CRTC) to enforce its provisions.
Arguments for and Against:
Arguments for:
- Support for Canadian Journalism: Proponents argue that the bill will help to support Canadian journalism by ensuring that news publishers receive fair compensation for their content.
- Leveling the Playing Field: They also argue that the bill will help to level the playing field between digital platforms and news publishers.
Arguments Against:
- Stifling Innovation: Opponents argue that the bill will stifle innovation and creativity by discouraging digital platforms from promoting Canadian news content.
- Increased Costs: They also argue that the bill will lead to increased costs for digital platforms, which could ultimately be passed on to consumers.
Impact:
The impact of the Online News Act is still unfolding. It is too early to say definitively whether it will achieve its intended goals. However, the bill has already had a significant impact on the relationship between digital platforms and news publishers in Canada.
