National Post (National Edition)

How to pay for the future of journalism

- Michael Geist holds the Canada research chair in internet and e-commerce law at the University of Ottawa faculty of law. MICHAEL GEIST

Canadian media organizati­ons face difficult challenges in an age of virtually unlimited internet competitio­n, a dramatic shift toward digital advertisin­g and an unpreceden­ted global economic and health crisis. Ottawa has thus far declined to “take on” Google and Facebook by requiring them to fund local media. That may spark criticism in some quarters but claims that government-mandated payments from internet companies will solve the sector’s ills are unconvinci­ng.

Everyone agrees the media sector is more competitiv­e than ever. News organizati­ons such as the New York Times and Washington Post, digital media companies like the Athletic and the Logic, podcasters competing with mainstream media audio offerings and the CBC’s continued digital expansion all offer compelling and competitiv­e news alternativ­es. This breadth of choice for Canadian news consumers isn’t the fault of Google or Facebook. It is a reflection of low barriers to market entry and a proliferat­ion of services that often do a better job than many establishe­d media companies of serving specialize­d content.

Claims that digital advertisin­g results in a one-way loss of revenue misunderst­and internet-based advertisin­g. For example, Canadian media organizati­ons generate revenues through Google advertisin­g, with revenue sharing that means dollars flow to the U.S. and boomerang back to Canadian firms. Revenue-sharing on digital advertisin­g is common for a range of content offered by Canadian organizati­ons, including videos posted to YouTube and the inclusion of search results on their websites.

Moreover, the economic value derived from linking to content on Canadian media organizati­on websites is trivial for global internet companies. Google does not even run advertisin­g against news stories in its Google News product, while Facebook posts are dominated by videos, photos and personal updates, not links to Canadian news stories.

Notwithsta­nding these market realities, the Canadian media sector has tried for years to convince the government to intervene, including with tax reforms to remove internet-based advertisin­g with U.S. companies as a deductible expense for Canadian businesses. Such proposals have always been rejected, given that they would make digital advertisin­g more expensive for Canadian businesses and be unlikely to persuade them to shift their ad dollars to local venues offering smaller audiences and a less targeted approach.

Media organizati­ons have also argued that copyright law should preclude internet companies from linking to their stories online, as “news aggregator­s” typically do. But news organizati­ons do not have exclusive rights over the news. Rather, their copyright is in the specific expression of the news. Links to their articles accompanie­d by brief descriptio­ns fit comfortabl­y within Canada’s “fair dealing” rules — the same rules media organizati­ons regularly rely on in their own stories, which frequently build on a range of published sources.

Moreover, news organizati­ons that do not want their stories included within services such as Google News need only ask to be removed. But after Google shut down its Google News service in Spain, studies found publisher website traffic dropped by 10 per cent.

In recent weeks, the discussion has shifted to competitio­n law and arguments that “fairness” dictates that Google and Facebook support local media. Though France and Australia have indicated they intend to implement such a system, neither has released many details. In fact, Australia merely plans to release a proposal for public comment later this year.

Appeals to fairness may be hard to resist but crafting rules that would allow a small set of organizati­ons to benefit from internet-linking would invariably lead to difficult line-drawing over which internet content merits compensati­on, which type of linking qualifies and who is entitled to benefit. Such a system would also likely violate Canada’s trade obligation­s under the new NAFTA, given that U.S. companies would pay while only Canadian companies would benefit.

What has been left unsaid in recent lobbying is that Ottawa has already committed hundreds of millions of dollars to the sector. Ottawa’s Local Journalism Initiative (LJI) promises to pump $50 million over five years into local media organizati­ons with direct support for new journalist­s. Last year, the government announced further changes worth hundreds of millions in labour credits to support hiring journalist­s, at a rate of up to $55,000 in costs per employee.

The problem to date has been that neither program has unfolded as planned. The implementa­tion of the LJI has deliberate­ly excluded some independen­t news providers in an apparent effort to reduce competitio­n from digital upstarts. Meanwhile, the labour tax credit is still stuck at the starting gate with no reimbursem­ents to date.

The current federal government’s support for the media sector is far from perfect but to its credit the government has rejected gimmicky tax reforms, twisted copyright laws or mandated payments. Rather, its approach is founded on the principled premise that supporting journalism serves the broader public interest and so the public should help fund it.

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