Two years ago this month, Australia passed a law called the News Media and Digital Platforms Mandatory Bargaining Code, which, as the name suggested, forced digital platforms like Facebook and Google to negotiate deals to pay the news media for the latter’s content. If they failed to do so, the Australian government would reserve the right to impose deals between the parties. Before the law was passed, Google warned users that the legislation could affect their ability to search; meanwhile, Facebook tried to sway public opinion against the law by promising to block all news content from its platform in Australia. When the law passed, Facebook did precisely that. But after amendments made the law less stringent, the platform removed the ban. Eventually, both Facebook and Google cut deals with multiple news companies.
Fast forward two years, and a similar scenario is playing out in Canada. Encouraged by the sums of money that Australian media companies received as a result of the legislation there—about a hundred and fifty million Australian dollars, according to a report in CJR by Bill Grueskin, a professor at Columbia Journalism School—the Canadian government moved to implement its own version of such a law: Bill C-18, the Online News Act, which has been through the House of Commons and is now making its way through the Senate. Last month, Google removed news from Canadian search results in what the company described as “tests.” Last week, Facebook said that it will cut off access to news in Canada if the law is passed in its present form. Rinse, repeat.
Last week, Sabrina Geremia, the head of Google’s Canadian arm, and Jason Kee, its public policy manager, testified before a Canadian government committee hearing into Bill C-18. (The committee asked other Google executives to appear, including the CEO, Sundar Pichai, but they declined). Kee claimed that the bill would incentivize “clickbait” journalism and favor larger news companies over smaller publishers. Google’s opposition—or, at least, its tactics in trying to remove news from search results in Canada—may have backfired: News Media Canada, a lobby group representing digital and print publishers, said in a statement that Google’s move to cut off Canadians’ access to news was “heavy-handed” and that it “underscores that there is a significant power imbalance between publishers and platforms,” thus proving a need for regulation.












