Catching Up on MediaPolicy – Meta’s “Faustian bargain” – Paramount, so much winning – Millennial beer buddies have at it on ‘Elbows Up’

February 28, 2026

Meta’s ban on Canadian news and the rumour mill about the federal government being interested in fixing it has dragged on for several months. 

It seems that Meta and Ottawa are talking about something that touches upon licensing of news content for Meta’s AI tools, age verification for social media accounts, the Online News Act, and Meta’s news ban on Facebook and Instagram.

Earlier this month, Meta spokesperson Rachel Curran was invited to a ten-minute spot on David Cochrane’s CBC news hour to discuss Meta’s pitch to have the federal government impose age verification responsibilities on app stores (Google and Apple) rather than apps (Meta).

At the eight minute mark they pivot to the news ban and Meta’s recent chats with the Liberal government.

“We would love to have news back,” said Curran, which doesn’t exactly square with her adamant position that as an advertising-driven business they get no commercial value from news content.

Her read-out of Meta’s talks with the Liberals was that the government agreed with Meta’s view.

That’s an astonishing claim —not denied by the government as yet— given that the Online News Act was built on precisely the opposite foundation, the government’s policy conclusion that Facebook monetizes news content and exploits its commanding market position in social media to shortchange news publishers in what would otherwise be a fair market in licensing payments for news snippets and hyperlinks. 

A more nuanced answer from Curran might have been that Meta is willing to pay for news content from some news publishers, but not from most others, and therefore a mandatory licensing regime doesn’t make sense. 

The idea that some news content generates ad revenue for Meta, but some content does not, is a value proposition that could be true but it has never been proven one way or another and Meta has no intention of putting it to the test.

The Online News Act gave Meta a chance to prove such a claim by negotiating different price points for different news outlets. But prevented by the Online News Act from cherry picking news outlets, Meta instead chose the nuclear option of a news ban.

Now we’re back to “Go” on the Monopoly board and Meta wants to cherry pick deals with chosen news outlets for the ingestion of news content into the training of its AI tools.

Curran tried to obscure the cherry picking by making the shamelessly false statement that the Online News Act is preventing Meta and news outlets from engaging in negotiations over AI content (the Online News Act only regulates “making news available” to the public and would require amendments to apply to content licensing for the training of AI tools). 

Alternatively, Meta wants news content in order to offer AI products that mimic search engines and embed news links in its chat replies. Yes, that might well be covered by the Online News Act and so Curran would be right, the Online News Act is an obstacle to implementing Meta’s evolving global model of monetizing third party content without licensing it.

But the important take-away here is that Meta is pitching a deal to Ottawa: repeal the Online News Act, let Meta cherry pick a few Canadian news outlets for licensing deals, and in return Meta will allow news publishers and their content back onto Facebook and Instagram.

The President of the Canadian Association of Journalists Brent Jolly dubbed this “a Faustian bargain,” but a more descriptive characterization would be “total capitulation by Ottawa.”

Removing the news ban would certainly help some news publishers, especially start-ups, who are still willing to put their business faith in Meta-controlled distribution. But the political value of the Liberals of taking such a lop sided deal seems minimal.

***

The battle to buy Warner Brothers Discovery is over.

This week the WBD board accepted Paramount’s improved $31 per share offer as “superior” to its tentative deal with Netflix, which declined to bid higher. It’s an $111 billion USD deal in the end.

You could spend the rest of your weekend reading analyses of the dramatic bidding war. For something short and punchy, here is Aakash Gupta’s X post. 

The deal is supposed to catapult Paramount into a far better competitive position with the streaming thoroughbreds Netflix, Disney, YouTube and Amazon, improving upon its current also-ran position. With a mountain of debt financing sitting on Paramount’s post-merger balance sheet, major layoffs and studio production cost controls are a good bet. 

Prior to the improved share bid, Paramount tried to satisfy the WBD board and its major shareholders with a key promise to buy its laggard cable assets (including CNN) and other guarantees around break-up fees and the reliability of its debt financing. In the end, it had to pay more.

Netflix didn’t want to pay more and may have been listening to the chorus of critics who thought they were overpaying, even with a lower per share price and Netflix stock swaps for WBD shareholders.

One interesting view was that Netflix might get more bang for its buck buying Spotify instead of a bigger share of the video streaming market through WBD’s prestige HBO content, WBD’s other IP brands and its massive movie archive.

Paramount is ultimately owned by Larry Ellison, third richest man on the planet and tight-with-Trump. The New York Times has a useful overview of Ellison’s budding media empire in technology, movies, cable news, and TikTok USA. 

There will be at least two story lines for MediaPolicy readers to follow once the deal is closed. 

The first is what happens to CNN News. In less than a year, Ellison has acquired control of CBS News and now CNN. 

CBS News is already being repositioned towards a more conservative audience. 

CNN —disparaged for years by Republicans as the “Clinton News Network”—  seems a good candidate for being starved for cash, stripped for parts or transformed into Fox News 3 unless Ellison is shrewd enough to hang on to a centre-left audience for advertisers. Certainly his friend in the White House expects a conservative CNN.

On the latter point, Ellison may have jotted down notes on Jeff Bezos’ business misjudgment in humbling the Washington Post to appease Trump.

The other story is Canadian: will Ellison renew or let the HBO  licensing deal with Bell Media expire and offer HBO as a stand-alone streaming service in Canada (in a bundle with Paramount Plus, or separately). (Update 2/3/26 – Paramount has announced that HBO and Paramount Plus will be merged into one streaming service.) 

If Bell loses the profitable HBO content stream, its entire broadcast enterprise becomes very weak, possibly an intolerable drag on its bottom line. 

This merger drama started by WBD CEO David Zaslav isn’t quite over of course. There are anti-trust hurdles for Paramount, even with a friendly government in Washington DC. 

The Attorney-General of California Rob Bonta is talking out loud about challenging the deal. But anti-trust is notoriously a long shot both in timeline and chances of success.

Regardless, the deal may not close for a year, an election year,  and the Congressional Democrats are not going to let this merger go gently into the night.

***

In December I wrote about the book Elbows Up, an anthology of centre-left English Canadian and Indigenous voices responding to Donald Trump’s annexation threats.

I wasn’t deeply impressed by the book and said so. But I recommend an entertaining follow up: The Hub’s Harrison Lowman video interview of the book’s editor, CBC Radio host Elamin Abdelmahmoud.

Lowman had the same problem with the book that I did: no conservative voices and more than a generous dose of settler-state vocabulary that seems at odds with forging the ecumenical political bonds and links required for resisting US hegemony.

His guest had no good answer for the parochial exclusion of conservative perspectives on a common Canadian challenge, the threat of annexation: he weakly implied a lack of interest from conservatives to meet his time sensitive call-out for contributions. 

But Abdelmahmoud is quick-witted to say the least, and he did a good job of explaining the importance of Canada and Canadians integrating the Indigenous perspective of dispossession, domination and death into our national consciousness of who we are, what we want to be, and, as pointed out in the book, why Trump’s threats provide a perfect opportunity to advance our reconciliation project.

Lowman and Abdelmahmoud, conservative and progressive bookends, are good friends in their private lives and listening to the interview is like sitting back and appreciating a robust argument over beers. That makes it an almost perfect metaphor for the national conversation we might have. 

***

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Catching up on MediaPolicy – Europe indicts TikTok – Age verification bill S-209 clears Senate committee – Bezos and the WAPO layoffs – CPC frenzy over “the Canadian media summit”

February 8, 2026

The European Commission has fired a shot across the bow of TikTok, and by implication other social media, by finding the social media giant culpable of addictive algorithm design and inadequate safety measures.

The Commission explained its  preliminary ruling, which TikTok can either appeal or fix, as follows:

TikTok seems to fail to implement reasonable, proportionate and effective measures to mitigate risks stemming from its addictive design.

For example, the current measures on TikTok, particularly the screentime management tools and parental control tools, do not seem to effectively reduce the risks stemming from TikTok’s addictive design. The time management tools do not seem to be effective in enabling users to reduce and control their use of TikTok because they are easy to dismiss and introduce limited friction. Similarly, parental controls may not be effective because they require additional time and skills from parents to introduce the controls.

At this stage, the Commission considers that TikTok needs to change the basic design of its service. For instance, by disabling key addictive features such as ‘infinite scroll’ over time, implementing effective ‘screen time breaks’, including during the night, and adapting its recommender system.

The EU finding is made against the Chinese-owned app in the European market, not the American-owned TikTok across the Atlantic. But it will heat up the tension between the US and the EU over the regulation of online harms impacting US-owned apps operating in Europe.

The momentum of regulatory intervention around the globe picked up more steam when Spain indicated its intention to follow Australia and France in banning underage social media accounts. 

As for Canada, Heritage Minister Marc Miller isn’t saying yet if a ban on underage access is part of the online harms bill he is preparing.

Last Monday, the influential Taylor Owen and his McGill colleague Helen Hayes called for a moratorium on underage access to social media while online harms legislation gets tabled, works its way through Parliament, and gets implemented.

Judging from Canada’s last two pieces of media legislation, the Online Streaming Act and the Online News Act, the length of the entire process might be measured in years.

What might advance the timetable at the front end is Senate Bill S-209 that would require age verification for porn sites and possibly any social media site that permits porn. The bill passed committee last week and will likely get approved by the full Senate in the next few weeks, putting the governing Liberals on the spot.

Last week Senatrice Julie Miville-Dechêne, the bill’s sponsor, obtained committee approval for a series of technical amendments as well as a change that defined porn more narrowly to get at “X-rated” content and scope out the nudity and implied sexual activity common in mainstream drama. The new definition requires the exhibition of explicit sexual activity and exposed genitalia for the purpose of sexual excitement.

As drafted, S-209 still leaves the decision on whether to scope in porn-permissive social media apps to the federal government, either in a House vote on the bill or afterwards. 

***

Last weekend MediaPolicy noted the diverging fortunes of the New York Times and the Washington Post with the Times getting the Trump-bump in digital views and the Post sagging in the other direction. 

Then on Tuesday the Washington Post announced a breathtaking round of newsroom layoffs, 300 of 800 staff. By Saturday, publisher Will Lewis had resigned.

The public reaction was what you might expect: a mix of shock and anger. Former Post Editor-in-Chief Marty Baron posted his condemnation of the layoffs and put at least part of the blame on multi-billionaire proprietor Jeff Bezos’ decision to ingratiate himself to Donald Trump. That included Bezos killing a planned editorial board endorsement of Kamala Harris’ presidential candidacy, which reputedly cost the Post 200,000 subscriptions, as well as vocal support for Trump’s demolition of the White House east wing and making a donation to the ballroom project to be built on its foundations. Recently, Bezos’ Amazon Prime reputedly overpaid the Trump family for the streaming rights to the documentary Melania.

Then American anti-monopoly advocate Matt Stoller published a long Substack post where he suggested that Bezos bought the Post in 2013 as political insurance against the Obama administration taking anti-trust action against his Amazon e-commerce business. The insurance policy, Stoller suggested, has become unnecessary or overpriced as Bezos literally put his money on Trump. 

One piece of context is that while the Post’s declining audience numbers may be attributable to anti-Trump readers voting with their feet, the conservative and pro-Trump Wall Street Journal is experiencing the same decline, although not as steep as the Post.

There were also layoffs in Canadian journalism, suitably smaller in number. Bell Media CTV laid off 60, including 11 television journalists. 

***

The gong show otherwise known as the right-wing frenzy over mainstream media went viral last week when a video clip surfaced of Reynolds Mastin publicly thanking Prime Minister Mark Carney for “having our backs” and gushing that “we have your back too.” 

There it was, proof of the blood pact between the federal Liberal Party and the mainstream news media.

But who the heck is Reynolds Mastin?

Mastin is the President of the Canadian Media Producers Association (CMPA), the industry group representing independent Canadian production companies that make entertainment programming. He was chairing the CMPA’s annual Prime Time conference in Ottawa when he made the remarks.

Readers may know, Mastin is not a journalist and he (and the CMPA) has nothing to do with news journalism. He was encouraging Carney to resist American trade pressure on the Online Streaming Act which requires US streamers to contribute to the Canada Media Fund.

Independent movie and television producers draw CanCon subsidies from the Canada Media Fund to make dramas and comedies. The CMF doesn’t spend a dime on news, although some make the mistake of thinking it does.

Nevertheless, the timing was was perfect for frenzy: the Conservative Party was in the midst of its annual convention in Calgary.

Here is Conservative Heritage critic Rachael Thomas MP describing “the Canadian media summit” as a news journalism event:

Thomas’ falsehoods then found their way into Conservative fund raising e-mails.

At that point, some conservative pundits urged Conservatives to do a fact check. The managing editor of The Hub, Harrison Lowman, was as brave as he was blunt:

Now speaking of Mr. Lowman and The Hub, I can recommend an excellent podcast he did in January with ex-New York Times editorial page editor James Bennet. 

In June 2020, Bennet (whose brother is a Democratic Senator) cleared for publication an opinion column from Republican Senator Tom Cotton arguing that Donald Trump ought to deploy the military if necessary to deal with rioting and looting that flared in the aftermath of the police murder of George Floyd. 

Bennet’s employment did not survive the newsroom uprising that followed. 

A similar newsroom conflagration occurred the same month at Canada’s National Post when columnist Rex Murphy opined that Canada “is not a racist country.” 

In any event, I found myself gripped by the full 35 minutes of Lowman’s interview of Bennet and you may find it worth the time as well.

***

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Catching up on MediaPolicy – Miller is flexible on CanCon – WAPO sunk by Trump – CRTC is stil-l-l-l deliberating – ready for Digital Media@Crossroads 2026

AI illustration

January 31, 2026

Last week Heritage Minister Marc Miller walked back the tough talk of his predecessor Steven Guilbeault: cultural issues are no longer “off the table” in the upcoming trade talks with the US and Mexico.

In an interview with The Logic, Miller said Canada would have to be “flexible” in dealing with the US demands that Canada repeal the Online Streaming Act and the Online News Act although there are “lines that can’t be crossed.”

There will be no Davos speeches for Canadian culture. At least not in English. It probably escaped nobody’s notice that Guilbeault’s ultimatum was never repeated by the Prime Minister.

Miller also suggested that Canada needs to design its online harms bill with a clear eyed acknowledgement of Big Tech’s influence in the Trump administration. Miller said “we’re not oblivious to the fact that large American companies do have access to the administration, and colour a lot of the views coming out of the White House when it comes to the way they’re behaving.”

Despite an earlier news story that Miller was considering Australian and French bans on social media accounts for minors, he was quoted by The Logic as undecided about a Canadian ban.

“A simple ban, with doing nothing else, would be overly simplistic and probably wouldn’t achieve the goal that we’re trying to achieve, which is to make sure kids are safe, physically, emotionally and mentally,” he said. In a separate interview with the Globe & Mail, Miller said he was considering online harms legislation that would govern how AI chatbots impacted children.

That sounds very much in line with a new LinkedIn post from McGill University’s Taylor Owen, the most influential voice on online harms in Canada:

The core problem is that tech companies have failed to build safe products, and governments have failed to hold them accountable. Parents and teachers are rightly frustrated and so the impulse toward radical action is understandable.


But a ban treats exclusion as the end goal. It punishes users rather than the products causing harm. It restricts children’s rights rather than enhancing their safety. And when a kid turns 15, they enter an online ecosystem with no protections whatsoever.

Every jurisdiction that has studied this seriously—Australia, the UK, the EU—arrives at the same place: an enforcement body that can hold platforms accountable through risk assessments, mitigation plans, and transparency requirements. Age-appropriate design standards that eliminate targeted ads, auto-scrolling, data harvesting, and stranger contact for minors.

Canada had a bill [C-63] that did much of this. It should be retabled—and updated to include AI chatbots, which are now one of the main sources of consumer safety risk for young people.

(Update 2/2/26: The Globe & Mail published an op-ed by Owen and his colleague Helen Hayes recommending Ottawa proceed with an online harms bill based on a duty to protect children that obliges social media apps and AI chatbots to implement safety procedures. They recommend a moratorium, a temporary ban on underage access until such time that the bill is passed and tech companies have complied).

However, the challenges in legislating an online harms bill in a minority Parliament are considerable.

The Conservatives have a different vision of legislating online safety, preferring to criminalize online harms so the law is enforced by judges and not government regulators.

Unlike the last minority Parliament, the Liberals can’t just make a deal with the NDP to form a House majority to pass an online harms bill. The NDP’s loss of official party status in the 2025 election means they aren’t on Parliamentary committees and can’t team up with the Liberals to break filibusters that bottle up legislation in committee hearings.

The Liberals would need the Bloc Québécois to get them out of that jam.

***

I said there would be no Davos speeches for Canadian culture.

There almost was: Prime Minister Carney’s seven-minute hit at this week’s Prime Time conference sponsored by the Canadian Media Producers Association was funny and spontaneous and, by pointedly celebrating great home grown shows like Heated Rivalry “at this moment,” comes close enough to a bold statement of cultural sovereignty.

***

It would be easy to write a blog about the pyrotechnics going off inside American media so long as one was prepared to post, oh, about every fifteen minutes.

That’s not a segue into an update on the Netflix vs. Paramount bidding for Warner Brothers (although the latest is that Netflix is now making an all-cash bid).

What I am finding interesting is Bari Weiss’ ascendancy at CBS News as the new CEO appointed by Paramount owners David and Larry Ellison (after bagging $150M US for her news website The Free Press).

Unsurprisingly, Weiss is moving CBS news coverage to the right. How far to the right, and how deep into Donald Trump’s embrace, we shall see. There’s a fair amount of moral panic that CBS will just be a Fox News Two, as if the centre and left is not adequately populated by ABC, NBC, CNN and MSNBC. There’s an illuminating NPR story on Weiss’ shake up at CBS, here.

Speaking of NPR, the New York Times published a story noting that the Congressional revocation of federal funding of the now-dissolved Corporation for Public Broadcasting (which provided 15% of NPR and PBS funding) has not resulted in station closings, at least not immediately. For now, donations are filling the gap.

And speaking of the New York Times (and The Washington Post too), data-cruncher extraordinaire Nate Silver posted the following graph on his Substack that measures the news cycle buzz of political coverage:

It seems that the Jeff Bezos-owned WAPO did not get an attention-boosting “Trump bump” after the 2024 US Election but rather is experiencing something more like a “Trump sunk” effect.

Possibly that’s because Bezos alienated some readers by nixing a newsroom editorial endorsement of Kamala Harris and then, after Trump won, cuddled up to the White House. The eyeballs appear to be marching off to the Times.

All of it a damn shame: WAPO is replete with good watchdog journalism.

***

In November, the CRTC issued a major decision about on-screen Canadian content. Two biggies began with a revised point system to define the “Canadian” in Canadian programs under the Online Streaming Act, C-11.

The other opened the door for the first time to foreign streamers owning majority copyright rights in Canadian programs.

The Commission’s November ruling was the first of a two-part decision on video streaming: the crucial issue of streamer expenditures on Canadian programs remains outstanding.

Well, don’t hold your breath.

In a speech to the Canadian Media Producers Association on January 29th, the CRTC’s Broadcasting Vice-Chair said the Commission was not ready to issue new rulings.

“There is still more work to be done, and I cannot tell you exactly what to expect as we continue deliberating,” Nathalie Théberge told the crowd, who might have noted that the Commissioners are still deliberating seven months after hearings concluded.

“What I can tell you, however, is that there will be follow-up decisions in the coming months. This includes decisions to address spending on Canadian programs, distribution rules for services, measures to ensure discoverability of Canadian content, dispute resolution and audio policy.”

The coming months catches the attention. The Commission owes Canadians and the industry the aforementioned Part Two (“spending on Canadian programs”) as well as two separate files on the other topics Théberge mentioned.

All of this after the Commission was ordered, not asked, by federal cabinet in November 2023 to get the job done of implementing a new regulatory framework under Bill C-11 in two years.

***

This coming weekend February 6th-7th in Toronto the cultural nationalists and fellow travellers get together at Digital Media at the Crossroads. This is not to plug the panel I’m on; in fact there’s something for everyone and two of the boxes I’ve ticked on my dance card are the Nordicity report (Friday 2:15 PM) on the state of Canadian media and Globe & Mail reporters Angela Murphy and Mark Rendell speaking about news coverage of US/Canada relations (Saturday 10 AM).

And on Wednesday February 11th the Coalition for the Diversity of Cultural Expressions is holding a one day event in Ottawa to discuss the impact of AI on cultural production, a lead in to the federal government’s invitation-only policy summit, March 16th-17th in Banff.

***

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This blog post is copyrighted by Howard Law, all rights reserved. 2026.

Catching up on MediaPolicy – CanCon and trade talks – ban on teenager social media accounts – TikTok prohibition repeal

January 27, 2026

Hola from the centre of the universe, Toronto, where the biggest snowfall since 1999 (50 cm) has everyone on the watch for the army to be deployed, shovels in hand.

Here are a few things happening in Canadian media policy:

Canadian culture and the 2026 CUSMA trade talks

I’m going to be giving a ten-minute explainer on this topic at the Digital Media at the Crossroads annual conference on February 6-7 in snow-bound Toronto. The program and registration link is here.

No foolish predictions from me other than taking note that the US trade agenda goes far, far beyond Canadian cultural legislation such as the Online Streaming Act, the Online News Act or a potential online harms bill. 

US chief negotiator Jamison Greer is floating the idea of a North American customs union which sounds a lot like double-digit Trump tariffs in exchange for Washington blocking Canadian trade diversification. 

Regarding the Canadian streaming legislation that Netflix wants Greer to kill, last week MediaPolicy published a guest column from Peter Grant on how the CRTC might extend an olive branch to Netflix by allowing foreign streamers (and Canadian broadcasters) a CanCon credit for licensing and distributing Canadian shows abroad. 

MediaPolicy also posted a book review of Richard Stursberg’s Lament for a Literature, a call to revive the nearly dead Canadian-owned book publishing industry. The Globe’s John Ibbitson also reviewed it. Stursberg’s “what is to be done” menu of policy action requires CUSMA’s “cultural exemption” of CanCon to survive the trade talks.

Another cultural trade issue that might pop up during CUSMA talks is Trump’s previous threats to tariff movies made in Canada for the US market.

The context of this is the retrenchment of streamer spending on new productions since 2022. The Hollywood Reporter has fresh data about where US shows are being made and the only thing that is indisputable is that California is hurting and in an incremental way non-US foreign location shooting is taking a bigger share of a reduced production market . Canada’s volume is steady over time; UK and Irish shooting has gone up.

Within the United States, a game of musical chairs has resulted in New Jersey and New York gaining business, while Georgia and California have lost work. 

Social Media Ban for Youth

Australia’s ban on social media accounts for youth under 16 has its detractors.

But it has its admirers too. The Globe & Mail reported that the Carney government is thinking about it for under 14s.

The French government just passed an under 15 ban.

Canadian TikTok “ban” repealed

Ottawa has repealed the TikTok “ban.”

The Trudeau government’s 2024 ban on the TikTok’s business activity in Canada (but not the app itself) followed a bipartisan Congressional ban in the United States on the grounds of national security.

Now that the Trump administration has completed the transition of the Chinese-owned TikTok into a separate US company, controlled by American interests with a minority Chinese ownership stake, the national security concern has evaporated in both the US and Canada.

Our federal government has agreed to a judicial consent order that reinstates TikTok’s right to carry on business in Canada (and presumably jump starts its investments in Canadian creators). 

The odd thing: it’s the Chinese TikTok company, not the American-Chinese joint venture, that will operate in Canada. But the national security concern, which was never revealed by the federal government, has disappeared. 

***

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This blog post is copyrighted by Howard Law, all rights reserved. 2026.

Catching up on MediaPolicy – YouTube’s fake AI Journalists – Go west, CBC – DM@X 2026

AI image by Perplexity

January 19, 2026

You like to think you’ll never fall for a digital fishing scam. You like to think you’ll never fall for a deep fake news video.

Ahem, I fell for a deep fake news video.

YouTube, in its algorithmic omniscience, pushed to me as its top daily recommendation a video of the famous Washington Post political corro George Will.  As the NeverTrump Reaganite we know him to be, Will delivered a withering critique of US tariffs by pointing to Toyota’s investment of $40 billion in Canada.  Later, after I searched for a news announcement and found none, I wised up. (My friend in the auto industry kindly reminded me that $40 billion equals eight new car plants).

But for a good ten minutes, I was all in. The AI-video had George Will on the screen, live and in the flesh, saying exactly what George Will would say and how he would say it, but strangely looking twenty years younger than his 85 years. Then checking the meta-data, the video creators claimed to be a George Will fan site. I very much doubt they were licensed to impersonate George. A week later, YouTube had taken it down. 

A few days later YouTube pushed me a similar fake, this time tech journalist Kara Swisher. Fool me once, etc.

Digital deception is now a daily event, according to a Canadian poll. Fifty-two per cent of us are “very concerned” about it; a full 88% are concerned.

Canadians generally want action against digital deception and hold a mix of views on who ought to do the acting:

Meanwhile, news publishers are soaking their heads in an icy bucket of water.

The Oxford Reuters Institute posted a new year’s survey of 280 CEOs, executives and editors in 51 countries expressing, guess what, their deepening pessimism about the future prospects for journalism. 

The collective wisdom was that news journalism is getting squeezed for audience attention (and ultimately revenue) on either side by AI and social media influencers. Thanks to AI-generated videos and Chat summaries, the latter published with or without links to digital news sites, publishers are expecting referral traffic to keep declining and more or less crash and burn. 

If there’s a silver lining, twenty per cent of publishers believe they will make deals for significant licensing revenues, another 49% see a minor stream of revenue, and another 20% expect none. The latter group are concentrated in local media, public broadcasting and smaller countries. 

A cause for optimism is that a lot of publishers are innovating by hiring digital creators to work with their journalists to compete in the influencer /video/ social media world.

Watch that space: I am waiting for someone to come up with a licensed AI-generated celebrity journalist/influencer who gets content up on the ‘net tout de suite in the news cycle. Someone like George Will.

***

As I’ve been griping about for some time now, the CBC has been slow out of the blocks to put its five year plan into action and earn that $150M raise in the Parliamentary grant.

We may be getting somewhere.

Editor in chief Brodie Fenlon just announced that CBC “will add 33 local journalists and create 11 new bureaus, increasing [our] Canadian footprint from 66 to 77 locations. This “boots-on-the-ground” investment is in addition to last year’s local service expansion of 30 journalists hired in 22 communities across Canada. Many of the new positions are based in Central and Western Canada.”

Now for context, CBC has about 3600 news journalists in television, radio and online. It’s long been underweighted in western Canada, likely because of where the television and radio stations were located decades ago when our demography was a lot more central Canadian. In British Columbia, for example, the private television broadcasters collectively outspend CBC television 7:1. 

The CBC has also hired a new head of English language services to replace the retiring Barb Williams. The new EVP is Doug Smith. He’s arriving from Paramount Canada and his CV stretches back to ViacomCBS, Rogers, and Alliance Atlantis. 

A streaming guy. Let’s give him a couple of years and see what he can conjure up at CBC Gem.

Maybe we’ll see a shift to buzzy blockbusters that emulate the recent success of Crave’s Heated Rivalry in Canada and abroad.

Making hit Canadiana television that is validated by successful export is not new: Canadian broadcasters have done it repeatedly with Transplant, Flashpoint, DaVinci’s Inquest, Degrassi, etc.

At home, Bell Media can take credit for a hitting streak of popular and authentic Canadian shows, smacking doubles like Shorsey, LetterKenny and Late Bloomer, and now Heated Rivalry, a centre-field blast worthy of Bo Bichette (sorry, too soon?).

There’s no reason CBC can’t do the same. It can and has (Sort Of was genius). But as a paid subscriber to Gem (how many of us is a secret), my personal request is to pour money into the functionality of the high friction, algorithmically anemic streaming site. 

(Correction: An earlier version of this post identified the number of CBC newsroom employees at 3400.)

***

This year’s annual coven of Media Policy conspirators is scheduled in Toronto in the first weekend of February.

Digital Media at the Crossroads will be held at the Faculty of Music building, University of Toronto, on Friday 6th- Saturday 7th. Here’s the program. See you there.

***

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This blog post is copyrighted by Howard Law, all rights reserved. 2026.

2026 will be Canada’s cage match

“G-S-P !

G-S-P !

G-S-P !”

December 31, 2025

You already knew it: Canada’s 2026 is going be a battle, a pivotal moment in our history.

CUSMA talks begin this spring. They will be brutal. Even in the innocent days of cross border free trade, the US played rough when it came to a trade dispute over Canadian culture.

This US President wants high tariff walls to keep Canadian goods out of America and to grab Canadian jobs. Going the other way he wants open borders and unregulated markets for US exports such as streaming services and social media apps.

Given the thousands of Canadian manufacturing jobs and family farms at stake in the trade talks, and the inevitable reprise of 51st state threats —-“we just have to have Greenland  Canada”— it may seem parochial at first to focus on media policy. But with 660,000 jobs in our media and cultural sectors, focus I shall.

Here are some of the upcoming headlines.

The CUSMA trade talks

An internet meme recently popped up in my X feed that put two contemporaneous statements from Google spokespersons next to each other.

In the first, Google addressed the digital regulators of a foreign government —-in this case the European Union—- with the utmost respect. In the second statement to a much different forum, Google demanded US Congress stomp all over the EU.

This is how the tech bros roll. They’ve enlisted the Trump administration in their cause and the tiff with the EU has escalated from White House accusations of European censorship of American content to barring the architect of the EU Digital Services Act and four advocates of the EU regulating online hate and disinformation from travelling in the US.

Canada, you’re warned.

So no surprise, when CUSMA talks begin the US is going to come loud and hard against Canada regulating media in our own country, whether it’s the Online Streaming Act C-11 or the Online News Act C-18. I don’t have a high degree of confidence that PM Mark Carney won’t flush them like he did the carbon tax, the digital services tax, the emissions cap, etc. 

It’s not that we shouldn’t reconsider Canadian media policy any time we want, but it would be better to do so because Canadians wish it. The polls say we don’t: at least not during the trade talks.

What’s at stake here is not only those two pieces of legislation, C-11 and C-18, but our right to take future action on any media policy that might cost the tech bros money or convenience. Think AI. Or online harms.

I make no prediction. On the one hand, as a banker and a corporate lifer I think Carney would happily throw cultural regulation under the bus.

On the other, if he does that he can kiss his Québec caucus goodbye. Or, the NDP might find its gag-point and bring down the Liberal minority government.

CanCon

I just can’t figure out the CRTC. The commissioners alternate between putting a bold $200 million cash levy on streaming services and, on the other hand, their timorous ruling on CanCon video content.

The Commission has three big decisions to release in the new year, arising out of the Online Streaming Act (having missed the December 2025 deadline set by cabinet).

The most consequential is the second instalment of the aforementioned CanCon video streaming ruling which will deal with issues that could carve out regulatory conditions for a generation:

  • How much money will Netflix and the California streamers have to spend on Canadian shows?
  • Will the Commission reduce CanCon spending for Canadian broadcasters (it will) and by how much?
  • Will the Commission swap out obligations for Canadian broadcasters to make CanCon dramas in favour of underwriting their unprofitable news operations?

The Commission owes us two other big ones in broadcasting distribution and audio streaming. There are lots of issues packed into those two rulings, but the one I am watching is whether the Commission will make Spotify and the music streamers grow the Canadian listening audience for Canadian artists (it’s currently less than 10%).

There are some wild cards in play.

The Federal Court heard the streamers’ appeal against the $200 million levy in June and judgment is overdue.

The legalities of appeal are narrow and amount to whether the Commission dotted the i’s and crossed the t’s. They don’t allow the streamers to easily challenge the CRTC’s wisdom on the size of the levies, nor what they are spent on (i.e. CanCon dramas and broadcast news).

Still, if the Court strikes down the levies on technical grounds just before the CUSMA talks begin it will significantly assist American negotiators or, if our Prime Minister’s climb down on the digital services tax is any guide, assist him in dumping trade ballast.

Another wild card is Québec’s new streaming law, Bill 109. It’s the CAQ’s claim to regulate streamers in case the federal CRTC disappoints on French language content on screens and AirPods. 

When CUSMA talks begin, Québec’s bill will be sited in the same American crosshairs as the federal C-11. With a Parti Québécois election victory in the offing, and possibly another referendum on separation we could hear a lot more about this provincial law.

Next, we can speculate on whether Global TV News makes it to 2027 in one piece. Its parent company Corus refinanced its debt this year and managed to land some new television programming to replace the profitable Disney and Discovery content that Rogers poached from them. 

But Corus still lives hand to mouth, and the news division loses a lot of money. The Shaw family ownership can’t find a Canadian buyer. Even Mark Carney wouldn’t dare exempt the 15-city Global News network from Canadian ownership rules and watch Fox or one of the other US television chains march in and set up shop in every major Canadian city.

The last question mark is a boutique policy issue but carries huge consequences for the survival of the Canadian film and television industry. The CRTC’s ruling that allows US streamers to own majority copyright in their new Canadian dramas turned four decades of Canadian cultural policy on its head. 

The domino that might fall is whether the Liberal government would harmonize the CRTC’s new rules about the ownership of intellectual property in Canadian dramas with its own rules that govern federal subsidies to Canadian programs. The CRTC ruling invites American trade negotiators to demand it.

Online Harms

If Justice Minister Sean Fraser tables an online harms bill in Parliament, it will be time for some soul searching by all of us.

How seriously do we take the online harms of race-baiting and anti-semitic hate, humiliation of women and girls, and harm to our adolescent and teenage children? Are we virtue signalling our concern or do we really want to do something about it?

On the other hand, we shouldn’t be so naive to think that these platforms won’t err on the side of censorship rather than pay fines for permitting harmful content on their services. That’s the sort of malicious compliance Meta meted out by banning Canadian news from Facebook and Instagram rather than comply with the Online News Act.

You can see this debate play out in its beta-version with Bill S-209, tabled by an independent Senator. That bill is legislation that would require porn sites and social media apps to exclude minors from accessing hardcore porn by using third party age verification services. 

Again, the harm is obviously serious, but how seriously do we take the harm? Even though the risks are remote, how much are we willing to gamble the privacy of porn site visitors and social media followers whose identities might be hacked and exposed?

All eyes will be on Australia which has grabbed global attention by banning teen access to social media, a move that requires age verification of adult social media accounts.

AI

It would be guesswork to predict what happens next with the amazing explosion of AI technology, its impact on economic growth and social harm, and government efforts to regulate it.

The most pressing policy questions are in the hands of AI Minister Evan Solomon who has frequently telegraphed his reluctance to impede the development of Canada’s fledgling AI industry by “over indexed” regulations.

But neither has Solomon warmed to the Big Tech campaign to create an American-style “text mining” exception in Canadian copyright law. If he did, he would be sinking any chances that Canadian news organizations and cultural creators have to force AI giants into paying license fees for scraping online content to feed their products. Hugh Stephens has an excellent summary of the current state of affairs, here.

The worst case scenario for content creators is very bad but grimly not a lot worse than the best case scenario.

Even if AI companies submit to paying license fees —-and there have already been a few licensing agreements struck between AI companies and a select group of big news publishers and content creators—– it’s entirely possible that in the next five years AI will so disrupt the direct interface between news organizations and news consumers that news outlets will pine for the days when Google and Meta were taking their hyperlinks for free but at least sending audience traffic their way.

Either the US or Canada may raise AI commerce or the mitigation of its harms at the CUSMA bargaining table. The Trump administration appears to be all in for making American AI into the global masters of the Internet.

But as many have pointed out there is a back eddy at state-level where MAGA politicians are as concerned about AI harms as anyone.

CBC Radio-Canada

After the CBC’s near death experience in the last federal election, policy wonks everywhere had suggestions on how the public broadcaster might re-capture the popular imagination with a strong programming line-up that resonates across the entire country.

We’ve had a statement of intent from the new CBC President: more local news, especially in the West, but what else?

If the Prime Minister gives away the media policy store to the Americans, what the CBC does becomes even more important. 

Bandwidth

Whatever the government wants to do on media and cultural policy in 2026, bandwidth could be a problem.

I don’t mean download speeds. I mean the administrative bandwidth in the federal Heritage Department. Bureaucrats will be on call 24/7 during trade talks; the department is already charged with developing legislation to overhaul the governance of the CBC; and there are any number of quiet policy reviews and projects going on.

This could be the busiest year ever for media and cultural policy and the unhappy timing of Steven Guilbeault’s exit from cabinet means that we have a rookie Heritage minister, Marc Miller (who may or may not be as invested in C-11 or C-18 as Guilbeault).  

Compounding that lack of experience is Carney’s decision to shuffle the deputy ministers who do the grinding work of getting things done in government. Long time Heritage deputy Isabelle Mondou just got shuffled to the Privy Council Office. Good luck to the new guy, Francis Bilodeau.

***

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This blog post is copyrighted by Howard Law, all rights reserved. 2025.

Canadians in a dangerous time.

December 28, 2025

I am ever grateful for my library card. After waiting just a few weeks for 100+ Torontonians to read this book before me, I got my turn with this new anthology of thirty Canadian artists and writers reacting to Donald Trump’s threats to crush our economy so he can annex our country.

Elbows Up! (subtitled “Canadian Voices of Resilience and Resistance”) is of course a riff on the Prime Minister’s election slogan that helped to put him where he is now. Whether in fact we are conducting ourselves that way is, I think it’s best to say, a work in progress. 

The editor of this book, CBC host Elamin Abdelmahmoud, pitches the relevance of this collection as a cultural reboot of a similar publication in the turbulent year of 1968: The New Romans: Candid Canadian Opinions of the US.

The 2025 remake has less to say about the annexationist threat to the south than it does about being and feeling Canadian in dangerous times. 

A few contributions stood out for me. Tom Power (the host of CBC’s radio show Q) offers a guileless and heart warming account of his journey from not-a-clue teenager to Newfoundlander patriot to passionate Canadian. The secret of his self discovery: sharing music, half-finished beers and sunrises with other dissolute musicians touring Canada. It’s a metaphor for community that anyone ought to find relatable, even if they find it in less dingy environments. 

Author Iain Reid has a stunner of a short story (“The Appointment”) that is curiously de-contextualized from history and nationality. I’m not sure what it’s doing in this book, but it’s terrific.  

Actor Jay Baruchel goes on a rant about how the American media juggernaut has smothered (English language) Canadian content. It’s hard for me to judge how good this piece is because that’s what I sound like all of the time, but I certainly nodded my head in agreement throughout. It should not be lost on readers that this book was published by a foreign book publisher because after years of foreign acquisitions the Canadian-owned press has been reduced to fighting for scraps.

But the disappointment I felt reading this book was its insularity. There’s not a single conservative voice. There’s one Québec writer. Presumably these missing voices, our fellow Canadians, have something to say in our moment of national peril. 

Yet there are several contributions from writers who come from the cultural left perspective that Canada is not morally legitimate and, as a polity, is the perpetrator of a colonial and Euro-Caucasian supremacist domination of the powerless. Some of these pieces are well written and carry intellectual weight. But you can’t get to the end of this anthology without feeling that the project was put together for an audience demographic of about 20% of Canadians. That’s not the path to national resilience and resistance against annexation. 

My last comment is that I want to point out the short, inspiring piece written by Dr. Jillian Horton who spoke to my innermost convictions and fears, and maybe your’s too:

It is our Canada.

We are a nation like almost every other —-built on violence, cruelty, oppression, as well as ingenuity, hard work, tenacity, community, faith, hope, and the sacrifices of those who came before us. But that is only one truth about us…a puzzle piece, not the whole story. That story has taken a turn at just the right moment. Sometimes saying what you will never become —-whether that is a fascist state or the 51st—- is the thing that brings the most clarity.

***

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This blog post is copyrighted by Howard Law, all rights reserved. 2025.

Catching up on MediaPolicy – Québec’s Netflix-Spotify bill is in play – social media ban for teens – hostile bid for Warner Bros and CNN – OpenAI’s Disney video app

AI generated image from OpenAI

December 13, 2025


This week the Québec National Assembly unanimously passed Bill 109, its version of the federal Bill C-11, the Online Streaming Act.

MediaPolicy has been following this file since the CAQ government commissioned a blue-ribbon committee to recommend how to reverse the low availability and consumption of French language content on global streaming platforms. In reverse chronological order, you can update yourself on this story here, here, here and here.

The CAQ bill is a policy response to the federal cabinet’s and the CRTC’s hesitancy to implement the “content discoverability” provisions of the federal bill as written by Parliament.

The political consensus in Québec on regulating audio-visual and audio content to protect culture and language meant that Bill 109 didn’t spark the controversy that the federal Bill C-11 did two years ago.

But the tinder is dry and the sparks will fly. 

The US Trade Representative will add Bill 109 to its list of American grievances over Canada regulating Hollywood streamers and Big Tech, to be tabled in CUSMA negotiations this spring. (When coincidentally the 2026 Québec election might be called).

So too there must inevitably be an impasse between the Mark Carney government and Québec over legislative jurisdiction. Though brief by comparison, Bill 109 is almost a carbon copy of Bill C-11. Until the Supreme Court says otherwise, Ottawa has exclusive jurisdiction over online broadcasting. 

Québec’s culture minister Mathieu Lacombe has been pretending there’s nothing jurisdictional to talk about with Ottawa. According to the minister, there’s no conflict, only concurrent federal and provincial powers to do the same thing. Good luck with that. A caveat: he might have a provincial claim to the regulation of home screens on Smart TVs and streaming devices. 

The Québec law is founded on a provincially claimed right to cultural discoveryprops to that boldness. Importantly, all of the bill’s cultural measures are focussed on French language content, not Canadian French language content, so the political framing is more linguistic than cultural.

Mess with this if you dare, Ottawa.

From here, things will move slowly at first.

Québec will establish the minister’s Discoverability Office and begin drafting streamer requirements for French language content.

The CAQ’s Lacombe will find out if the streamers are willing to take up his offer to negotiate bespoke agreements in order to avoid cookie cutter regulations set by the province.

On video streaming, he will no doubt benchmark his regulations or voluntary agreements with streamers against the outcomes reached in France since 2021.

Despite a framework EU law that proposes a 30% catalogue minimum (numbers of shows), the French implementation of that policy focusses instead on production investments in French language content, based on a range of 20% to 25% of a streamer’s national operating revenues. So far, the result has been bigger budgets rather than a proliferation of mid-budget shows.

On other hand Lacombe could just stick with catalogue quotas, as the CRTC is expected to announce its own federal expenditure quotas soon.

As the Québec legislation doesn’t require the cash contributions to Canadian media funds that the streamers hate so much in the federal scheme, a deal with Netflix focussing on French language video catalogues doesn’t seem out of the question.

A deal with Spotify to do something dramatic to increase rock bottom consumption of French language music would be tougher. 

Unless Lacombe’s process moves at lightning speed, CUSMA talks and the Québec election will intervene.

***

If you don’t have school age kids, you might have missed the seismic Big Tech event that just shook Australia: its government has banned social media accounts for children under age 16.

Social media companies are expected to rely on age estimation technology but also photo ID.

The Australian communications minister Anika Wells is the first politician in a liberal democracy to tell social media companies, “time’s up.” Apparently so, even Elon Musk says he will obey the law.

There’s a brief explainer in the New York Times on how harmful social media can be for teens and how we got to the point that Big Tech’s safety half-measures have worn out the patience of legislators. 

Still, a ban. Wow. As our federal justice minister Sean Fraser eyes a revised online harms bill, what would be interesting is an opinion poll on a ban, taken from Canadian parents of tweeners and teenagers, parsed out separately for age and gender of the children. 

***

In last weekend’s post, I speculated that Donald Trump would have some fun with the $87 billion USD Netflix-Warner Brothers merger deal, given his donor ties to the losing bidder, Paramount. 

The next business day after Netflix officially announced its winning bid, and media analysts had their say on the prospects for Netflix obtaining the Trump administration’s anti-trust vetting, Paramount unveiled its Plan B: a $108 billion hostile takeover bid for all of Warner Brothers Discovery properties.

Warner Brothers has a week to respond but Paramount CEO David Ellison has already signalled an improved second bid is ready to go.

Among Paramount’s financial backers are the CEO’s dad and second richest man in the world, Larry Ellison, and various gulf state sovereign wealth funds. Oh, and President Trump’s son-in-law Jared Kushner.

The Ellison-Gulf-Kushner bid includes Warner Brothers’ television entertainment channels and the cable news network CNN. 

Ellison-the-younger’s Paramount recently bought the CBS news network and appointed the Free Press’ Bari Weiss as CEO. Pa Ellison is also the key investor in the bid to buy TikTok’s US operations. 

***

A significant AI content licensing deal has been struck between the IP-rich Disney and OpenAI, the developers of Chat GPT and the video-creation app Sora. 

The deal will allow Sora subscribers to create videos with Disney’s classic animated film characters. Imagine making a birthday video card for your kids featuring them with their preferred cuddly creature or action hero.

As reported by The New York Times: “Sora users will be able to make videos with more than 200 characters from Disney’s library, including from “Encanto,” “Frozen,” “Moana,” “Toy Story,” “Zootopia,” “Inside Out” and other animated movies. Animated or illustrated versions of Marvel characters like Deadpool, Iron Man and Black Panther will also be available, along with “Star Wars” characters like Darth Vader and Princess Leia.”

Given all of the chatter about AI companies scraping copyrighted content, the Disney-OpenAI deal will set expectations that licensing deals are the way for Big Tech to make peace with content producers, especially the biggest ones. (Oddly the reporting on the deal noted Disney’s $1B USD investment in OpenAI but was mum on the value of licensing payments that Disney can expect).

The Hollywood Reporter has a good analysis of the deal, the gist of which is Disney isn’t going to rest on its IP laurels while other content companies get rich on AI monetization.

More broadly, the slow drip of licensing deals between AI and content companies might, in the news journalism space, begins to look like the years leading up to Australia’s NewsMedia bargaining code and the Canadian Online News Act: AI companies cherry pick the biggest and most popular news outlets for licensing deals while those left behind look to governments for action on content scraping and monetization. 

***

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I can be reached by e-mail at howard.law@bell.net.

This blog post is copyrighted by Howard Law, all rights reserved. 2025.










Catching Up on MediaPolicy – The BBC lies the truth – Australia dips its toes into C-11 waters – Cohere fails to stop AI lawsuit

November 15, 2025

“I lie the truth,” American film director Oliver Stone once said of his controversial 1991 epic “JFK,” packed as it was with apocrypha and might-have-been speculation.

So did the BBC in its 2024 documentary on America’s insurrection day, January 6th, 2021, “Trump: A Second Chance?”

By now, most have heard about the BBC’s splicing of video clips that juxtaposed Donald Trump urging the crowd to march on the US Capitol with his later suggestion that they “fight like hell” against the Congressional confirmation of Joe Biden’s election victory. He made the “fight” comment 20 times during the speech, but the two comments in the edited clip were spoken 50 minutes apart. 

Omitted in the report was Trump’s suggestion they protest peacefully.

Also omitted was Trump telling the crowd that his Vice President Mike Pence must be stopped from certifying the election results, “We’re just not going to let that happen.”

As the crowd became a mob and surged violently into the Capitol building, some avowing to find Pence and murder him before he could certify, the outgoing President held back for two hours before making a public request to end the violent occupation.

The BBC rightly apologized to Trump for the video editing —-after a leaked document and public pressure made it impossible to do otherwise. The Beeb qualified its mea culpa by suggesting the President had not made a “direct call for violent action.” 

The broadcaster denied defamation but Trump is filing a lawsuit.

It didn’t take long for Canadian commentators to apply the moral of the story to our own public broadcaster, the CBC. 

The Hub’s Full Press podcast offers an intelligent review

Globe & Mail columnist Konrad Yakabuski did the same, writing about recent events in which CBC management’s handling of an ugly anti-Semitic on-air report from a Radio-Canada foreign correspondent remains in blow-over mode.

The fates of the suspended reporter and the unsuspended news host who ignored the remarks are still unclear.

CBC President Marie-Philippe Bouchard told a Parliamentary committee that the public broadcaster’s response ends at its full and immediate public apology, not an investigation into how deep such anti-Semitic views do or don’t run in the newsroom.

Best guess: the spotlight will return to this issue when the CBC Ombud makes a report. 

In the interest of equal time, let’s chalk another stroke on the wall to mark Opposition Leader Pierre Poilievre’s most recent swipe at the CBC when asked a question he would rather not answer (“aren’t you with the CBC?”). If we’re going to hold the CBC responsible for its public reputation, we should hold everyone accountable. 

***

For and CBC doubters and defunders, here’s an insightful and engaging Front Burner podcast featuring the public broadcaster’s three on-the-ground Washington correspondents, Canadians explaining to Canadians what Americans are doing to Canadians.

That’s what you lose without a CBC.

***

There’s a lot of media policy cooking in Australia lately.

A report in The Guardian says that the Labor government is going to move forward with incentives —-i.e. monetary penalties—- to lever Meta into reinstating news content on Facebook and Instagram and return to the bargaining table with news publishers to reinstate mandatory news licensing payments, regardless of Meta’s news ban. 

The idea is to set the fine for Meta’s non-compliance at a level just above the dollar value of its expired agreements with news publishers, something that The Guardian cites as 1.5% of Meta’s annual Australian revenues. The Labor legislation is targeted for 2026. 

If the Australians are baring more teeth than Canada has on our own Meta news ban, they are showing a little less on their new legislation that parallels Canada’s Netflix bill, the Online Streaming Act.

As MediaPolicy noted last week, the new legislation would set a spending quota for Netflix and the major streamers to make “AustralianCon” at either 10% of their local content budget or else 7.5% of their Australian revenues.

The 10% figure replicates the AuzCon spending that Australian-owned broadcasters obey for television dramas. By comparison, Canada requires our major domestic broadcasters spend 30% of revenues on Canadian content, including a 5% envelope for drama. 

Another interesting piece of Australian context is that the streamers’ voluntary spending on AuzCon is over $200 million annually, slightly in excess of the Labor government’s estimates of mandatory spending under the new bill.

A government backgrounder keeps reiterating that the mandatory spending it has in mind would be a “guaranteed” spending. The concern is that Netflix and other global streamers might scale back their Australian spending in response to Hollywood’s contraction of content spending.

As an unregulated English-language market, Australia would be a logical place to start cutting. Better to lock in current levels of streamer spending.

Meanwhile, CRTC watchers in Canada will be interested to learn that the Commission is releasing its ruling on video streaming this coming week.

The decision may order Netflix and the foreign streamers to spend more on Canadian programming. It may also change regulatory rules for Canadian broadcasters who have asked for fewer CanCon responsibilities.

New obligations for the streamers will be closely tied into what the CRTC has to say about the ownership of copyright and intellectual property in Canadian dramas that the streamers will have to buy to fulfill a quota for local content.

The Commission must decide whether to mirror federal rules for CanCon financing that make the payment of crucial television subsidies conditional upon a Canadian producer owning the long term copyright in a show.

The global streamers want the option to demand Canadian producers sell them the copyright if the streamers are going to be compelled by the Commission to spend on CanCon.

Another wild card in the deck is the yet to be released ruling from the Federal Court of Appeal on the Commission’s June 2024 down payment of regulatory obligations for the streamers.

Heard by the court in June 2025, the appellant video and audio streamers are challenging the CRTC’s assessment of an annual cash contribution of $200 million to various media funds that channel the money to the financing of Canadian programming and music.

***

There is an update in the Globe & Mail reporting on the US lawsuit against Cohere that alleges the Canadian owned AI company is ripping off copyrighted content, even behind paywalls, from major North American media companies including the Toronto Star.

A New York judge rejected Cohere’s preliminary argument that the plaintiffs’ news reporting is so puréed in the AI summary that there is no “copy” being made. The case will proceed to trial.

In Germany, a lower court ruled in favour of music companies who sued OpenAI on the grounds that its ChatGPT application violated copyright by scraping lyrics content.

***

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I can be reached by e-mail at howard.law@bell.net.

This blog post is copyrighted by Howard Law, all rights reserved. 2025.





Catching Up on MediaPolicy – Canadians don’t want culture thrown under the bus – the CBC’s trust factor – Wikipedia or Wokepedia

(Some classic Canadian humour to start your weekend)

October 25, 2025

MediaPolicy previously made the observation that while Culture and Identity Minister Steven Guilbeault rejects any further trade concessions to Donald Trump on cultural legislation, we haven’t heard from Mark Carney. And probably won’t. The PM is shying away from those kind of red lines as he transitions rhetorically from “elbows up” to bended knee. 

Those of you who recall your history might remember that, according to reports, Canada’s theatrical film legislation was the very last thing on the negotiating table when Brian Mulroney and Ronald Reagan agreed to Free Trade deal number one in 1987. It didn’t go our way.

It’s good to educate ourselves in anticipation of similar cliffhangers. Last weekend the Globe and Mail’s arts staff writers went all out with a collection of stories about the challenges for Canadian artists and media producers as Canada’s trade relationship with the United States wobbles. 

Kelly Nestruck wrote about how television production, stage shows and museum exhibitions are going to manage when access to their main export market, the United States, could be up for grabs.

Brad Wheeler invited Rheostatics’ Dave Bidini to riff on his new album, as well as elbows-up nationalism (“Bumper sticker nationalism is not interesting to me,” says Bidini). 

Josh O’Kane looked at the desperate state of Canadian-owned book publishing.

Kate Taylor offered a solid overview of trade deals and US retaliation (and trade law wonks can check out the latest from Hugh Stephens).

Eric Andrew-Gee explained the warm hearth of Québec’s cultural nationalism to anglophones (“The price of having a culture to protect is constant fretting about the state of that culture”). 

And last of all Barry Hertz broached the sensitive topic of whether collectively we are up to supporting Canadian culture at all. 

Hertz’s column references a new opinion poll just released by Pollara, sponsored by Canada’s independent television and film producers, that shows Canadians want Mark Carney to defend Canadian culture against American trade aggression. 

The poll says that 87% of Canadians now support the Liberals’ Online Streaming Act Bill C-11 (up from 67% in May 2022). As for having a fight over Canadian culture with Trump, 68% of Canadians say yes, only 13% say throw it under the bus (the rest don’t know).

It’s true that half of Pollara’s respondents had no clue about C-11 in the first place, but the pollster’s “statement” polling below suggests Canadians’ values are nevertheless strongly aligned with defending cultural legislation.

***

In last weekend’s post, MediaPolicy summarized CBC President Marie-Philippe Bouchard’s plan for reinvigorating the public broadcaster. Her two biggest points were “more local” and “more diversity.”

Bouchard did the Parliamentary rounds last week, appearing before the Commons Heritage Committee and the Senate communications committee

Bouchard’s line on ‘more local’ —-she keeps using the word “proximity” to capture both geography and audience affinity with content —- is that digital technology means the CBC can pivot back to local without having to build new stations. 

Sitting next to Bouchard, CBC’s Regional Services GM Jean Francois Rioux also emphasized affinity. Canadians want to see people “like me” or “like us” on CBC. They also want other Canadians to see and hear their concerns on the national stage that CBC provides.

There are others who have a different take on affinity, and they mean ideological affinity, code for “more conservatism” on CBC.

Bouchard treads delicately on this one, although in her Commons appearance she thoughtfully suggested that the CBC’s retreat to major cities as a response to budget cuts in the 1990s probably meant that coverage skewed to metropolitan values, which can feel “more centre and left” to anyone living in the “more centre or right” hinterland of Canada. 

Bouchard was also interviewed by CBC reporter Jayme Poisson on her October 16th Frontburner podcast. Poisson poked reasonably hard on a number of sore points. On ideological diversity, Poisson pointed out that although CBC’s “trust” rating tops the charts, CTV and Global score better with conservative listeners. Maybe more opinion coverage is what’s needed?

Bouchard didn’t immediately bite on the suggestion —- avoiding a debate over whether big-c Conservatives are treated fairly in CBC coverage— but said what was needed was consistent inclusiveness in CBC content:

Well, I mean, there’s all sorts of ways to make people feel reflected and included. It starts by being in the communities where they are. It also means including a more diverse set of points of view. If that’s possible. And it’s also about being constant about it. Not just during an election period or during a specific period of time. It’s just to have that reliable approach to a diversity of points of view.

That sounds like a shift in content curation as a conscious effort. The execution will be the hard part. 

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A public broadcaster that offers affinity as broadly as possible (my new description of being “highly trusted”) is something we need to keep our democracy glued together. It’s important that everyone is motivated to check in with at least one media source that tells them about all tribes, not just their own.

Wikipedia does something similar. The popular website is quietly just there in our Google Search results. If you read it critically, you’ll get both the uncontroversial facts and the contentious points, the latter helpfully linked to content that you can read and then draw your own conclusions.

That’s unless Wikipedia is a woke, left-wing mind control machine, which is how it gets disparaged these days by the MAGA movement. To that point, Elon Musk says he’s about to release his politically recalibrated competitor to Wikipedia.

Here’s an interesting read from the Washington Post about the political campaign against Wikipedia lead by co-founder Larry Sanders.

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