The CRTC has introduced its timeline for implementing the Online News Act, including developing the bargaining framework news outlets and tech companies will negotiate under.
The Online News Act is meant to give news outlets a more fair share of revenues generated by digital ads, the vast majority of which currently goes to major tech platforms like Google and Meta. The bill attempts to achieve this by setting out parameters for bargaining between outlets and platforms to determine fair compensation, including mandating the CRTC with overseeing the bargaining process and the right to impose arbitration if a deal cannot be met.
The CRTC will hold a public consultation process in the fall, allowing stakeholders and the general public to offer opinions that will inform the development of the bargaining framework. Specifically, the regulator is seeking input on how bargaining and arbitration will work; a code of conduct to support fair negotiations; an eligibility process for news organizations; how to handle complaints from news organizations when they believe online platforms act unfairly; and which data the CRTC should collect to fulfill its mandate under the Act.
Also in the fall, the CRTC will issue a call for proposals for an independent auditor who will prepare an annual report on “the impact of the Act on Canada’s digital news marketplace.”
In summer 2024, the CRTC plans to publish the bargaining framework and code of conduct. That is also when the regulator will begin considering applications for news outlets to be considered eligible for the bargaining process, as well as recruit independent arbitrators to mediate negotiations between news outlets and tech companies when needed.
Bargaining processes are expected to begin in late 2024 or early 2025, once eligible news organizations have been determined and the arbitrators are in place.
One thing that remains to be seen is whether there will be any tech companies for news outlets to bargain with. Meta has begun blocking news content for Canadian Facebook and Instagram users, as it has said that it does not believe the regulatory implementation process will be able to address its concerns with the legislation. Google has also said that it intends to follow through with its previously stated intention to block news from its platforms, though it will also “participate in the regulatory process” and expressed hope that the government will be able to find a “viable path forward.”