National Post

Facebook fights back against new rules

Tells committee proposals unworkable

- JESSE SNYDER

OTTAWA • Representa­tives of Facebook Canada warned Ottawa against the hasty introducti­on of rules that would force social media giants to pay for news content shared on their platforms, after Australia took an overly “loud and aggressive” tack on the same issue.

Kevin Chan, head of public policy at Facebook Canada, told the House of Commons heritage committee on Friday that the Australian government had effectivel­y announced its plans to force the company to pay for the news content with minimal warning, souring negotiatio­ns and causing negative outcomes for both sides.

“I was personally a bit troubled that those conversati­ons had not happened before we heard very loud and aggressive commentary about us stealing content — which was false,” Chan said. “And I think that if we had had conversati­ons, and productive ones, earlier, if we had actually talked to each other, we probably would be in a much better situation than we are today.”

His comments come as federal Heritage Minister

Steven Guilbeault has signalled an intention to introduce similar rules in Canada. France has also promised similar policies, which call on web giants like Facebook and Google to pay publishers for the content shared or curated on their platforms.

Facebook has called the new rules unworkable, and has threatened to pull its news service in retaliatio­n. Google also disputes the regulation­s, and on Jan. 22 threatened to withdraw its search engine service in Australia.

The issue is part of an internatio­nal fight between u.s. tech giants and domestic publishers and broadcaste­rs, who say that the fast-growing platforms have been siphoning off revenues as readership goes increasing­ly online.

Facebook and Google now account for 80 per cent of digital advertisin­g revenue in Canada, according to the Canadian Media Concentrat­ion research Project. Meanwhile, publishers have struggled to replace a collapse in print advertisin­g revenue over the last 20 years, leading to widespread retrenchme­nt. Those companies have in turn been lobbying Ottawa to make amends, claiming that they drive a substantia­l amount of traffic and are therefore entitled to a bigger chunk of the profits.

“Newspapers are dropping like flies in this country, and this is one of the biggest issues, if not the biggest issue right now,” Conservati­ve MP Kevin Waugh said.

“They see their product, exclusivel­y on Facebook, and they’re not getting their due share of revenue from it.”

Guilbeault, in an interview with National Post in September, said his office was working on rules that would force tech giants to pay for news content, without expressing how exactly it would be enforced. The minister said he would push back against what he called the “bullying attitudes” of American tech behemoths, after they threatened to pull services in Australia.

Chan said that Facebook’s opposition to the rules is “mechanical” in nature: Facebook doesn’t actually control the news its users share, and so it would ultimately be forced to pay for the use of commodity for which it does not control. executives at the company have said their business model simply couldn’t withstand such uncertaint­y.

“If we are then required to pay for what they share, then you can appreciate how quickly that breaks down, and we’re unable to accommodat­e.”

Chan and other Facebook executives have also claimed that news outlets provide only a small amount of traffic on its platform. Facebook also links back to the website of the publisher, which in turn generates huge amount of traffic for newspapers, they say.

“Newspaper publishers in Canada benefit from free distributi­on on Facebook, which we estimate to be on the order of hundreds of millions of dollars,” Chan said.

Also on Friday, Chan told the committee that Facebook would be welcome to new regulation­s from Ottawa to control what is and is not considered acceptable speech online.

His comments come after some have called for stricter rules around online hate speech, bullying and harassment, saying companies or government­s ought to have clear guidelines around what people can say online.

“For having private companies decide what is and isn’t acceptable speech online is not sustainabl­e longer term, and lacks transparen­cy and accountabi­lity,” Chan said.

Guilbeault, in earlier testimony before the committee on Friday, said new rules around online speech would be unveiled in the spring. He also suggested that tech companies were seeking government regulation as a way to sidestep recent criticism that they’ve done too little to curb online hate themselves.

“Why are the platforms like Facebook asking that the government regulate online hate speech? Between you and I, I think it’s to maybe share the heat that comes from all the pressure that all those companies are feeling right now,” he said.

Chan, along with former CBC executive richard Stursberg, wrote an op-ed for the Globe and Mail in November calling for consistent regulation­s across developed nations to restrict so-called hate speech.

“youtube, reddit, Instagram, Twitter, Facebook, Tiktok and the rest need to meet the same standards,” they wrote. “The alternativ­e is a fractured internet, governed by private rules rather than public ones.”

NEWSPAPERS ARE DROPPING LIKE FLIES IN THIS COUNTRY.

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