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Welcome to meeting number 101 of the House of Commons Standing Committee on Canadian Heritage.
Today's meeting is taking place in the hybrid format, pursuant to the Standing Orders. Members are attending in person in the room and remotely using the Zoom application.
I would like to take this opportunity to once again remind everyone that we can't have screenshots or photos taken of your screen. It's simply not permitted.
We have witnesses on the tech giants in today, and we have three on Zoom and one in person. As an individual, we have Jean-Hugues Roy, professor, École des médias, from UQAM in Montreal. From the Center for Countering Digital Hate, we have Imran Ahmed, the chief executive officer; and from Digital Content Next, we have Jason Kint, the chief executive officer. All three witnesses are here virtually. In person, as you can see in the room, is Michael Geist, Canada research chair in Internet and e-commerce law, University of Ottawa.
We have five-minute statements, and we'll start with Jean-Hugues Roy, the professor from UQAM, the Université du Québec à Montréal.
Sir, you have five minutes to address the Canadian heritage meeting here this morning. Go ahead, please.
You're either on mute or we have a problem. I thought we ended these problems two years ago, but I don't know. I was here in the room when you were successful with your sound check, so let me just check on it once again.
Mr. Roy, we can't hear you. We're going to go to the next speaker, and we'll get back to you in a minute.
From the Center for Countering Digital Hate, Mr. Ahmed, the chief executive officer, is up for five minutes.
Thank you.
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Mr. Chair and members of the Standing Committee on Canadian Heritage, thank you for the opportunity to speak to you all today.
I am Imran Ahmed, the founder and chief executive of the Center for Countering Digital Hate. I am here to speak about the role that tech giants play in our information ecosystem, how the design and business model of their platforms increases the prevalence of disinformation and hate speech, and how they behave in response to democratically enhanced oversight—enacted oversight in regulation.
Social media companies are not, despite their vital role in public discourse, in the business of free speech. They are motivated by money and make that money by selling advertising space on the back of content that news publishers and platform users create for them for free. Meta and the other platforms do not want editorial responsibility for the content on their platforms—for liability and financial reasons—because content moderation and editorial control require lots of resources.
However, in blocking the sharing of news posts in Canada, Meta is proving that they've always had editorial power and will use it indiscriminately if content threatens their all-important bottom line. Meta's decision to block Canadian news shows that this company, and others like it, only take responsibility for the content on their platforms when it threatens their finances.
This is why the Online News Act incenses them so. Bill compels platforms to negotiate with news publishers whose content they have profited from and some of whose businesses they have destroyed.
Canada has been left in a position where Canadians cannot share news posts with their friends, family and community. This decision is nothing more than a temper tantrum by a company that has shown itself, at every opportunity, to be completely opposed to governance by democratically elected governments worldwide.
This year's Reuters digital news survey found that 27% of Canadians share news via social media and messaging. Now news has gone from Canadians' newsfeeds, so what replaces it? What content do users turn to now that reputable news outlets have been shut out?
That news vacuum—
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I will simply get through as much as I can. You may have to bear with me a tiny bit. You have my apologies.
As I was saying, that news vacuum is being filled, and I'm here to discuss the risk that disinformation and hate speech, fuelled by these platforms' algorithms, could become the filler.
Harmful algorithms feed the spread of disinformation. The design of these algorithms prioritizes attention and engagement to maximize the number of eyeballs on and the time spent viewing advertiser content.
My organization researches the amplification of disinformation and hate speech by social media algorithms. Rather than giving people the freedom to choose their own content, algorithms apply methods such as predictive analysis to promote whatever outcome the company determines will maximize its profits.
I just want to repeat that again. Platforms' algorithms don't give you what you want. That's a myth. They give you what they want you to want.
These highly personal, highly invasive systems have resulted in the polarization of economic, democratic and social thought, and are correlated to a rise in radical hate groups, networks and extremism.
Algorithm and “recommended” systems are fundamental to technology platforms' business models. This commercial sensitivity is one reason technical information about these algorithms is so hard to obtain.
Nevertheless, we have shown, through our research, a strong relationship between algorithms and the promotion of conspiracist and hateful content and disinformation. For example, in August 2020, when Instagram added recommendations to its user experience—unsolicited content to user streams to extend their time on the platform—CCDH set out to understand what effect this design change had on the prevalence of misinformation and hate speech.
In our 2021 report on algorithms, we found evidence that this design choice actively pushed radicalizing extremists' misinformation to users. Once the user exhausted the latest content from all accounts they follow, they gave new content as an extension of their feed, identifying users' potential interests based on their data and habits. If they were looking at COVID-19 disinformation, it actually gave them QAnon and anti-Semitic disinformation. If they were looking at anti-Semitic users, they were being fed anti-vax and COVID-19 disinformation as well.
Our findings illustrate how platforms' algorithms and design choices can quickly lead users from one conspiracy into the next, from investigating questions about the efficacy of a novel vaccine to unrelated conspiracies like QAnon, electoral rigging and anti-Semitic hate.
Meta owns, controls and profits from the Instagram algorithm, which here was shown to amplify dangerous misinformation and conspiracies. That's just one example of the malignant dynamics caused by our reliance on a revenue-maximizing algorithm.
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Thank you for inviting me to appear before the committee.
I'm going to make a preliminary observation and then suggest four recommendations.
First of all, I'm stunned to hear Meta and Google spokespersons say that information has no value for them. I would note that a French researcher, Tristan Mattelart, clearly documented Facebook's efforts, when it was starting out, to encourage the media to create their own Facebook pages. At the time, Meta/Facebook was looking for high-quality content to enhance its subscribers' experience.
Meta's CEO, Mark Zuckerberg, has regularly stated that his company's mission is to build better communities. In 2017, he specified that the communities Facebook wanted to build had to meet five criteria, one of which was to build informed communities.
Meanwhile, Google realized as early as 2001 just how valuable information could be. At the time of the September 11 attacks, Google realized that users were searching for keywords such as “World Trade Center” and “attack”, and that they couldn't find anything about the events because Google's indexing robots only visited each website once a month. So the company's engineers thought they'd better start indexing news websites much more often to meet the needs of their users. Information enriched Google's search results and has also enriched the company for over 20 years.
Now I'm going to make four recommendations regarding the Online News Act, the former Bill . We now realize that it perhaps wasn't the best approach. I would encourage you legislators to trust in your role as parliamentarians to avoid falling victim to the intimidation tactics that the online platforms use.
My first recommendation is based on the Canadian Charter of Rights and Freedoms. Section 3 of the charter guarantees the democratic rights of Canadians. As stated on the justice department's website, “A measure that denies electors sufficient information to enable them to make an informed choice in voting may compromise the right to vote guaranteed by section 3.”
The blocking of news by Meta is, in my opinion, such a measure. The public's right to information is not expressly guaranteed by charters, but I think everyone here would agree that it's a fundamental right. Insofar as 45% of Canadians today get their information from social networks, I believe the legislator would have an argument for obliging online platforms to provide information to Canadians, or at the very least prohibiting them from blocking information of public interest to Canadians. I think that section 51 of the Online News Act is a step in this direction. It simply needs to be made retroactive.
Moving on to my second recommendation, web giants Google and Meta have both said they are ready to contribute to a fund to support journalism in Canada. That's great. Except that it will now be up to the legislator to define the amount. It could amount to a percentage of the Canadian sales of online platforms that have provided Canadians with access to information over the past 15 years. You may be wondering how we can calculate these sums if we have no financial information regarding activities on these platforms in Canada. That brings me to my third recommendation.
You're no doubt familiar with Australia's ongoing inquiry into online platforms, which is scheduled to run from 2020 to 2025. The seventh progress report from that survey was just released yesterday. When you read it, you realize that Australia requires listed multinationals to provide information to it. I'm not just talking about those on the web, but rather about all multinationals that have subsidiaries in Australia. They are required to provide Australia with detailed financial statements on their subsidiaries. Why doesn't Canada have the same tools? Give us the means to acquire that information.
My last recommendation is that we collectively give ourselves more resources. In order to protect citizens, governments have given themselves the right to see how certain companies handle food, for example. They have given themselves the right to inspect aircraft and search travellers' luggage. There are a lot of good reasons to conduct this kind of activity.
Online platforms, for all their benefits, can also have harmful effects. Insofar as they have demonstrated, over the past 12 years, their inability to mitigate these harmful effects themselves, I believe the time has come for Canada to give itself the right to inspect what information these companies possess about Canadian citizens. I'm not just talking about Meta and Google, but also about Uber, Netflix, Spotify and OpenAI.
In my opinion, while of course respecting users' privacy, Canada should give itself the right to access these companies' databases and examine their algorithms. I know that the algorithms are like the Caramilk secret, but the well-being of Canadians supersedes the commercial interests of these companies.
This right should also be accompanied by obligations for these platforms to provide, again while respecting user privacy, programming interfaces, APIs, to enable researchers like me, Mr. Geist and others in Canada, to study what's happening on these platforms, which are playing an increasing role in the lives of Canadians.
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Good morning. Thank you for having me, Chair.
Thank you for the opportunity to testify today on behalf of Digital Content Next. DCN is the only trade group exclusively focused on the future of high-quality digital content companies that manage trusted, direct relationships with consumers and advertisers.
Our members include more than 60 media companies and thousands of brands, including news organizations ranging from local to national and international, such as The New York Times, The Washington Post, the BBC, The Wall Street Journal, The Guardian, The Philadelphia Inquirer and the Financial Times.
I last testified before this committee in 2022, ahead of the passage of the , which DCN enthusiastically supported. We are grateful for your considerable diligence in studying the imbalance in bargaining power with Google and Facebook.
As background, I have nearly 30 years of digital media experience, including spending the first 20 running digital media businesses. During that period, I executed a number of major commercial deals with the large tech companies.
With antitrust lawsuits under way around the globe against Google and Facebook, the evidence emerging in these cases confirms what we have witnessed whenever one of these companies faces a legislative or regulatory threat to its bottom line.
Today, I'd like to open by sharing at a high level the types of intimidation brought on by the companies.
The first is threats to legislation. As you know, Australia provided a road map for this investigation, legislation and intimidation tactics around Bill .
Much of the public learned about Australia's new bill when Facebook blocked users' sharing of news for five days in March 2021, just as vaccines were being rolled out. What may be less known is that Facebook's plan was to block news during the most critical week of Parliament's deliberations. A brave whistle-blower shared internal documents from The Wall Street Journal showing access at the highest level of the company before going underground for fear of identification and retaliation. Consider how much more informed lawmakers would have been if that whistle-blower hadn't been scared away from testifying.
The second is threats to investments. The public may know that Facebook significantly expanded its investment in the U.K. over the last few years, even moving a number of executives to London before shuttering its Instagram office earlier this year. Less known is what we learned through an open records request: that Mark Zuckerberg threatened to pull back investment in the U.K. at a time when its Parliament was demanding he testify about questions he never answered—to this day—including to Canada's Parliament, which went so far as to summon him.
On a related note, it made global news when the company agreed to pay $5 billion to the U.S. government to settle the matter in the States. However, what is less known is that this is the basis of an ongoing shareholder lawsuit alleging insider trading charges against Zuckerberg, and that the company overpaid to protect its CEO.
The third is threats to publishers and newsrooms. We've seen significant headlines over the years about both companies funding news projects and academic programs. Behind the scenes, the companies were able to leverage commercial relationships to suppress reporting on information considered sensitive to the companies. Those considered partners, through high-revenue programs or advanced access to new products, are understandably much more reluctant to publicly criticize the companies.
Google and Facebook also issued threats to pull out of news altogether. One example is the head of news at Facebook reportedly telling Australian publishers that they would be in “hospice” if they didn't work with Facebook.
In 2018, The Guardian and The New York Times reported on Cambridge Analytica, which is Facebook's largest-ever scandal. Again, less known is Facebook's threat to sue The Guardian a day prior to its news report, which Facebook's own head of news—and I'm quoting her, as I was sitting immediately next to her on a Financial Times conference panel—said was, “Probably not our wisest move”.
The fourth is record spending on lobbying, including through proxies. Google and Facebook registered in the top 10 lobbyists in the EU and the U.S. In addition to direct employee and campaign contributions, there is a long list of groups that champion the two companies' talking points in return for significant funding.
The fifth is that the companies intimidate consumers in order to drive outrage, including by using their dominant gateways of YouTube, search and messaging. This includes the oft-repeated claims that regulations will destroy innovation or end the free and open Internet. In each case, whether it was on new privacy laws, the EU copyright directive or Australia's news bargaining code, the Internet never broke.
Facebook often takes it a step further by suggesting it will have to charge for services or kill thousands of small businesses and millions of jobs. Mind you, the company makes tens of billions in profit per year, driven nearly entirely by ultra-high margin advertising.
As you've witnessed first-hand, these companies use various tactics in a coordinated fashion to slow down or stop any regulation that would impact their bottom line. Fortunately, their playbook is becoming more widely known and policy-makers around the globe are beginning to take action.
I appreciate the opportunity to speak with you today. I look forward to answering any questions you may have.
Good morning. My name is Michael Geist. I'm a law professor at the University of Ottawa, where I hold the Canada research chair in Internet and e-commerce law. I'm here in a personal capacity, representing only my own views.
I've appeared before this committee many times, yet it seems necessary to expand on my standard opening by stating that I have never been compensated or otherwise received a benefit from any tech company in conjunction with any of my appearances, submissions or statements on any legislative or regulatory issue. I don't think I should have to say this, but given the tendency of some to defame critics of Bill and Bill as shills, I should be absolutely clear that my views are not for sale.
Further, I should also be clear that criticism of Bill and Bill was not opposition to tech regulation. There are real harms, and we need regulation. I recently appeared before the INDU committee, calling for the strengthening of Bill on privacy and AI regulation. I have to say that I have spent much of my time, in the aftermath of the events of October 7, focused on the alarming rise of anti-Semitism and the urgent need for action both off-line and online, which could include the much-delayed online harms bill.
Since this study is about tech efforts to influence policy, I'll focus on that.
There have been important studies and reports that chronicle tech sector efforts to influence policy. For example, the Tech Transparency Project reported on Google-supported research. It identified many papers and work by academics with links to, or financial backing from, that company. However, the investigations identified virtually no Canadian examples. In fact, a search for any articles or reports from the project, since its inception across multiple tech companies, reveals very little involving Canada.
If we consider efforts to influence Bill and Bill through lobbyist meetings—we just heard about lobbying—one organization leads the way. It isn't Meta, which had relatively few meetings on these bills—in fact, fewer than CAB, ACTRA, CDCE or CMPA. It isn't Google, which ranked second for the meetings. Rather, the organization with the most registered lobbyist meetings on these bills is News Media Canada.
It's important to state that, if this hearing is about retribution for the blocking of news links in response to Bill , I think that's misguided. Companies and many experts warned repeatedly that the legislation was deeply flawed. Now that news-link blocking has gone on for months on Facebook and Instagram without any apparent interest from that company in regulatory reform, I think that's pretty clear evidence that this is a consequence of the legislation and not a tactic to influence it. It was not a bluff, as many kept insisting. Indeed, I would argue that, frankly, both companies were pretty consistent from day one in their statements about the legislation.
In many respects—we just heard about threats to remove or stop investment—it's no different from Bell's recent announcement, in which it threatened to cut capital investment by a billion dollars in response to a CRTC wholesale Internet access ruling, or Stellantis putting its investment on hold earlier this year in Canada with the announcement of the Volkswagen deal. Simply put, legislation and regulation have consequences.
If this is actually about addressing concerns around regulatory or legislative influence, however, the real issue isn't tactics. It's regulatory capture. On that front, there is cause for concern in Canada. With Bill , there was ample evidence of regulatory capture, as a handful of legacy culture groups dominated meetings with officials and time with this committee. The voices of Canadian digital creators were often dismissed or sidelined, including those from indigenous and BIPOC communities, some of whom reported feeling disrespected or intimidated by department or ministry officials.
The situation was even more pronounced with Bill . Members of this committee indicated they were ready to move to clause-by-clause review without even hearing from Meta. During that review, someone stated that online news organizations were not even news. This form of regulatory capture was particularly damaging. Online news outlets were sounding the alarm over the risks of the bill and took the biggest hit with news-link blocking. They too were ignored. Some have now stopped hiring or been forced to suspend operations, yet News Media Canada somehow managed, in the span of five years, to obtain a $600-million bailout, the swift enactment of Bill and now an expansion of the labour journalism tax credit, in which their demands were met down to the last penny. Now that is influence.
Cultural policy is the bedrock of this committee, but culture isn't static. It's essential this committee and the department ensure they avoid regulatory capture and provide a forum for all voices. Failure to do so makes for bad policy and raises the risk of intimidation, in which—inadvertent or not—it may be the government, or this committee, that does some of the intimidating.
Thank you for your attention. I look forward to your questions.
My first question is for Dr. Geist. As you know, there has been a complaint filed with the Competition Bureau. The complaint was put forward by News Media Canada, the Canadian Association of Broadcasters and the CBC. The complaint has to do with Bill , and the fact that Meta has determined that it is no longer carrying news links. Well before the legislation was passed, Meta made it clear that this would be the decision it would make in response to the legislation.
However, these outlets that I've just listed—or unions—are now complaining that:
By refusing to negotiate with Canadian news organizations in good faith for the access of Canadian news content on Meta’s platforms, and by blocking the news content on the platforms, Meta is denying Canadian news organizations fair compensation for their content, leaving them with limited resources to compete effectively in the news publishing market.
This last phrase here, “leaving them with limited resources to compete in the news publishing market”, would say that Meta served as a vehicle or a platform by which these news sources were being shared. That vehicle is no longer provided, and these news outlets are saying that it's hurting them.
However, the whole premise of Bill was that the news outlets were actually providing the value, and that Meta needed to pay them. It seems they're making an admission that the actual benefit was found in Meta being the vehicle.
Do you care to comment on this further or expand on it?
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Sure. As many have pointed out, the reality is that there were great benefits that came to the publishers from social media and from search. Indeed, that was the basis upon which, in many respects, this took place for a very long period of time.
Frankly, what we have seen in the aftermath of the legislation taking effect in June really confirms that. I don't think it can be understated. There is real harm with news entities talking about lost traffic in the range of 30%. There are some news outlets that have stopped their services, effectively, or suspended their operations altogether.
Notably, there has been real harm from an investment perspective in this country. I've had a number of entities come forward, saying that in the current environment, and given the way the legislation has been structured, investing in news in Canada just isn't something people are apt to do.
It has caused real harm, based on this odd conception that driving free traffic to publishers, which was clearly a value—and we now see just how much it was worth—somehow required compensation. At the end of the day, it was all about creating mandated payments for links. This is why I know that I and many others were deeply troubled by the foundational elements in the legislation.
I want to follow up on something else you said, and it's somewhat related.
We know that the big broadcasters—Rogers, Bell and CBC—have a lot to gain from Bill , potentially. However, we also know that the new up-and-coming platforms that are based online, which Ms. Hepfner referred to as not actual news outlets—and I would contend otherwise as I believe they're legitimate—are actually being hurt significantly by this legislation. To the point you raised in your opening remarks, many of them have made the determination to not hire more employees, because they know they might be put out of business, potentially, by this legislation.
In your estimation.... It's not fair to ask why. I'm sorry. I can't ask you to speculate, but I'm just curious. Could you expand a bit? Bill was put out by the minister at the time, , as something that was meant to benefit the little guy. It was meant to benefit the local newspapers, the ethnic media, the local media sources, etc. Many of these exist online.
Why did it end up in a place where it is benefiting the big broadcasters?
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I guess I'd respond in a couple of ways.
First, it ends up benefiting primarily the large broadcasters. The Parliamentary Budget Officer tells us that 75% of the money goes to the radio and television broadcasters, largely based on the way it was structured. It went outside of the QCJO framework that we have around the labour journalism tax credit, and that ensured that broadcasters, which are dominated by a handful of large players in Canada, would be the major beneficiaries.
Personally, I think it was a mistake. At a minimum, if the goal was to support the core or what we would think of as newspapers or digital publishers, that's where the focus of the legislation ought to have been.
I think there is an answer to your question of why. I think part of the answer to the why is that many of the online news organizations weren't heard. They were oftentimes not given opportunities or when they were—whether at this committee or, frankly, at the Senate—at times they were disrespected.
I can recall that one of the largest of the independents that is operating in many Ontario communities, Village Media, appeared before the Senate. Their CEO, Jeff Elgie, was asked by Senator Harder if he was happy to see newspapers closing because then they could scoop up some of the staff and enter into these new markets.
The idea that online news entities somehow celebrate or welcome the prospect of the challenges that are being faced is such a total misread of where things are at. What we've seen in the recent months is everyone from Village Media to Narcity, to a whole range of players, basically screaming that this is causing enormous harm. They're saying that, at a minimum, surely we need some sort of deal with Google, because otherwise the effects will be catastrophic. One would hope that will ultimately lead everybody to find some kind of compromise on this.
The harm here has been very real. It was not just predictable; it was predicted.
I want to turn first to Mr. Ahmed, who is online.
I found your opening statement very interesting. You said that platforms like Facebook “do not want editorial responsibility”, but on the same hand they prove that they are willing to exercise that editorial responsibility by blocking access to news. You say they only take responsibility when it threatens their finances. You said it was more like a “temper tantrum” that they had.
What we've gotten in exchange is a rise in hate and extremism online.
Sir, what do you make of these arguments that we've heard so far today, that of course they've done this, that it's a business decision and that they told us they would do this, so this is what we should expect?
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I think that's the soft bigotry of low expectations that we've been attuned to expect from these companies.
In a sort of twisted irony, my organization has shown that Meta has allowed state-controlled media in authoritarian countries to pay for advertisements containing disinformation. In 2022, we published a report on Chinese state media buying Facebook ads to push disinformation about the conflict in Ukraine. While Meta is punishing Canadian news publishers by removing their ability to operate on the platform, it has profited from disinformation content paid for by state-controlled media elsewhere in the world.
The truth is that we've come to expect the platforms, and Meta in particular, to behave in the worst way possible. Not only are these regulations.... I think that Bill has its value, but one thing we've urged to Canadian ministers when I've met them, and we will urge today, is that there needs to be a more comprehensive framework that surrounds these platforms.
Ultimately, if they can find a way to squeeze out of taking responsibility and retaliate against anything that you do try, they will do so. That's why a more comprehensive framework—based on what we call the STAR framework at CCDH—includes safety by design, transparency of the algorithms, economics and a content-enforcement policy. It includes real, meaningful accountability to democratic bodies like your own and also shared responsibility for the harms they create. The negative externalities that these companies are imposing are an unbearable cost on our societies, whether that's destroying the news media industry or harming young girls and young children with self-harm and eating disorder content.
In all of those respects, I think the lesson you need to be taking from this is that these companies will wiggle out of everything they can. They will act in the worst possible way, and that's why more comprehensive legislation—a framework, as your previous speaker said—is necessary.
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Thank you for that question.
Most of the most interesting court cases are around antitrust and data abuse, so we know, and this was part of the study in Australia too, that the source of their market power and this imbalance in bargaining power is that they—Google and Facebook, in particular—have access to all the data and the distribution and they're the gateways.
You're seeing new legislation and you're seeing lawsuits that involve that kind of integration of market power play out.
We're talking about harms from Facebook's blocking of traffic. Yes, that traffic does have value to publishers, but the only reason they're able to do that and get away with blocking across the board, and having it exert so much harm, is their market power. That's what this is all about—this imbalance in bargaining power.
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Thanks to all our witnesses.
Mr. Ahmed, I'd like to start with you. You're a hero to so many of us for the work you've done in exposing some of the unbelievably toxic practices of the web giants.
The report “Malgorithm”, which the Center for Countering Digital Hate issued, is frightening, and it is disturbing. You speak of Meta basically force-feeding misinformation about COVID, election denial and QAnon—profoundly disturbing information. We know that in states and provinces where there was a lower vaccination rate, more people died. We know that people died in Washington. There has been violence linked to QAnon.
Can you tell us if you see a link between that real-world violence and the kind of irresponsible toxic practices that Meta and X are engaged in?
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Quite clearly, yes. When people see content more often, there's a simple frequency bias in our psychology that we believe it's more likely to be true. Platforms are force-feeding disinformation to people through their newsfeed, which is an act of publishing.
There's this myth that what you see is the content of a billion people—of course you don't. You see a timeline that's structured specifically for you. This is not a global discourse. This is a discourse that's controlled by algorithms, which are designed for commercial impact. You saw it again and again in the witness testimony of people who were charged with crimes related to the January 6 insurrection in the Capitol—about four blocks down from my house here—or it's in the testimony of my friends and my colleagues who work in the medical profession, who told me about people who were choking to death in ICUs, begging for a vaccine that they had once thought would harm them and it was now too late to administer. Many of those people went on to die. There are human beings, there are tragedies and there are families today bereft, directly because of the disinformation that was pumped actively, as an act of deliberate publishing, to people.
There are victims of terror attacks. I was speaking in Pittsburgh at the Tree of Life synagogue quite recently. Again, we see the effect of these conspiracy theories being force-fed to people such that they think it is acceptable and normal, and that other people would approve that they've killed people because of the god they worship or who it is they choose to love.
Thank you to the witnesses for being here today. I'm going to start with Dr. Geist.
Dr. Geist, you may have seen some of my interventions here at committee on , where I did start by pointing out to the what had happened in Australia when Meta blocked news content. I asked him what actions he was going to take to make sure that didn't happen in Canada. He said it was a simple business decision.
When Meta and Google were here, I asked them whether, if was passed in its current form and if the government made them pay for people to share news links, it would be a reasonable business decision to decide not to do that because they would have to pay. They both said it was, so I was not surprised when this result happened, although the Liberals and NDP seemed to be shocked and surprised. It looks like it's had very negative impacts on small and local businesses, when the whole point of C-18 was to try to protect small, local news outlets.
Were you surprised? What do you think the impacts have been?
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Thanks for the question.
No, I wasn't surprised. I appeared before this committee a couple of times on , and I thought that if you understood the business model that existed....
We've heard a lot of the negative aspects of the business model, which is why I think there is a role to play for regulation when it comes to some of the harms that have been articulated, but that wasn't what was about. If you understood the business model of trying, as we've heard, to keep people on the platform, capture information and deliver ads to them, the idea that news content was something they couldn't live without never made much sense. The reality is that it's the sort of content that actually sends people away, off the site. Given what had been taking place, it seemed to me that this was likely to occur.
I also have to say that sometimes it felt as if people didn't fully think through some of the implications. I mean, with all respect, it was this committee that established a specific exception for campus broadcasters to include them in the legislation, and we just heard today that campus news isn't included. This committee literally included it within one of its amendments so they would be eligible under the system.
It's also this committee that passed legislation that said that facilitating access to all news, whether in Canada or anywhere, brings you within the scope of being a digital news intermediary. You could have made the choice to say only news that's from a qualified Canadian journalism organization or only those who qualify for payments, which actually would have excluded some of these other entities and would have excluded many of the foreign entities, but that wasn't the choice that was made.
It seems to me these were the choices made in the legislation and the outcomes were pretty predictable.
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With your permission, I'd like to expand that not just to but to as well.
One of the real concerns with the legislative approach that this committee and that the legislation has taken on both the streaming act and on the news act has been to have significant negative implications for access to foreign content for diaspora communities. One of the real fears of what we're seeing play out at the CRTC is the likelihood that the increased cost of regulation and registration—but even more than registration, the actual costs of regulation—could well lead many foreign streaming services to simply block the Canadian market, because it doesn't become economical anymore. It's particularly those communities that may be most directly affected. The same is true on the news side.
Yes, this was a likely outcome. Again, I'm going to come back to my opening remarks to emphasize that, if you weren't listening to these players, if you decided all you needed to do was by and large listen to News Media Canada and a few other cheerleaders, then you'd miss that large story.
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Let's go there for a minute.
You said News Media Canada was the biggest lobbyist on this bill, and they got everything they wanted. We saw, immediately after was passed, that Bell Media decided to shut down over 1,200 news outlets that were local, and Métro followed suit. It looks, at the end of the day, like utterly failed to meet its objective and, rather, lobbyists and the CBC, Bell and Rogers ended up with the lion's share of the taxpayers' money.
Would you agree with that?
With regard to observations on the actual metrics, clearly there's been a substantial rise in online hate, and that is having an off-line effect. When I started the CCDH in 2016, it was somewhat controversial to say that what was happening online was having off-line impacts. I kept being told that I was crazy for saying that. By now, there's no one arguing that.
What we are seeing, however, is an increase in the normalization, so the fringe ideologies are becoming mainstream through the algorithmic action of companies trying to put the most engaging, controversial, chewy content into as many timelines as possible. It's the normalization of fringe concepts.
Second, we are seeing an increase in the volume of hateful content, which is actually having an impact on BIPOC communities and on LGBTQ+ communities. I'm brown, and I wouldn't go out in my streets in Washington, D.C., if people screamed abuse at me every time I went out. I'd just stay at home. It's the same with social media platforms. Who on earth wants to go on a platform that's rife.... As we found when Elon Musk took over X, there was a 202% increase in the volume of hate speech against Black people when he took over. Why would people want to post on that platform, which is rife with people using the most offensive terms possible? There's that.
Second of all, we're seeing hybridization of movements. Because of that churning activity that I described with Instagram with “Malgorithm”, where conspiracy theories are being cross-fertilized, we are seeing the development of new, online-first conspiracy theories. I would argue that the “great reset” is a very good example of such a hybridized conspiracy theory, in which convergence between conspiracist movements and hateful movements is leading to new hybridized ideologies. That actually is happening at warp speed, so it's making a more vociferous and more complicated threat environment. I'm sure that your national security people are telling you the same thing.
The reason for that is the companies' algorithms, but it's also their failure to enforce their own policies, the community standards that are our responsibilities as users and, therefore, our corollary right to expect others to abide by them and for someone to enforce those rules. All in all, it is a bit of a mess.
:
Could they self-regulate? Yes. Will they self-regulate? No.
By now, the indulgence of people who once were young, cool, liberal-seeming, San Francisco executives—of course they're going to try to do the right thing.... I think they've lost the ability to claim that this was the benefit of the doubt. It is time for comprehensive regulation as the European Union has passed with the Digital Services Act and as the United Kingdom, my home country, has passed with the Online Safety Act, which finally received royal assent a few weeks ago.
I think it is about time that Canada joined the rest of the world in promulgating legislation that will actually ensure that the negative externalities of these companies and their failures to think about safety by design, their negligent product design, actually result in economic disincentives that create a culture in which these companies start to think about the impact they have on our information ecosystem and, therefore, our world.
:
There may not be a lot of time, but thank you for the question.
I would say that I think the time to conduct the kinds of studies you're talking about—to better understand the sector, to better understand the digital sector—is, in many ways, before you jump in with legislation.
Candidly, even the title of this hearing seems to presuppose exactly what the outcome is going to be. As a researcher, typically I start with the question, conduct the research and then come to the conclusion. The title of this study seems to have the conclusion already there, and now we're going to fill in the blanks.
To answer your question, it's the same thing. To put forward the legislation and then study the sector...? I think we should have done it the other way around.
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I do track some of the advertising activity. We do see both the Conservative Party and the Liberal Party advertising. I don't believe I see the NDP advertising.
This notion of subsidies is being bandied about quite a bit. Advertising by government is not a subsidy. Advertising by government is designed to inform the community, whether it's about COVID or other sorts of issues or about the opportunities people have to take advantage of different programs that have been established, such as getting a passport or whatever it happens to be. These aren't subsidies.
It seems to me that what you want to do is to be able to advertise to people where they are. If they are on some of these platforms, that's where you're going to advertise. You can make the decision not to do so, and we've seen that in the aftermath of Facebook blocking news links. Nevertheless, I don't see that as a subsidy.
To be honest, this notion that deducting advertising as a subsidy strikes me as really odd. It's a deduction for businesses that advertise. The idea that we would eliminate the ability for those businesses to effectively advertise in places makes them less competitive, it seems to me.
I understand why we might be unhappy that big tech is getting this money. Tax them. I mean, the solution, if you don't think they are paying their fair share, is to tax them. Don't leave our own businesses at a significant competitive disadvantage by saying they can't deduct that kind of advertising.
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Freedom of expression is quite clearly there, but it is open to the government to establish online harms legislation that provides guardrails and addresses some of these issues.
Candidly, one of the things that I have found most inexplicable about the government's strategy is not that it hasn't decided to go forward and deal with some of these issues. There is a need to deal with these issues. It's that privacy was largely ignored or left to the end. AI has been moved forward without full consultation, and online harms have been left as a laggard.
I'm not saying that I want the government to come in and regulate everything people can say. I think there are real challenges around misinformation and disinformation from a regulatory perspective. Surely, we can ensure that platforms are responsible when it comes to content that we already know is unlawful, for example, terrorism content, certain kinds of hate content and the like. There is an opportunity there, and it is a source of frustration for many that the issue has not been prioritized but some of these others have been.
:
That's a really good question. Thank you for asking it.
Partially it's that our justice department is still investigating Apple. Unlike Amazon, Google and Facebook, they don't have a lawsuit yet from our justice department or a federal trade commissioner or our state AGs, who are all suing the other companies in some form or fashion. I think that raises the attention level.
You are right that Apple has choke-point gatekeeper power. I think it's why the Digital Markets Act in Europe was so sharp and smart to include them. It puts limitations on that gatekeeper power.
We are learning, particularly through the Google antitrust lawsuit here in the U.S., that the shared power between Google and Apple, where Google is paying Apple well north of $20 billion a year and 37% of every single dollar that gets collected through their searches on Apple devices, is quite a choke point. These things are coming out, and I think we'll have more attention on Apple too.
:
It really was a long journey.
I was the first witness to give evidence to the draft bill committee in September 2021. It took two years to promulgate that legislation.
The one thing I will say is that there is elegance in the British solution that says, “You set your own rules, but we want to see whether or not you enforce them in the right way.” You don't need to make it more complicated than saying, “If you act in a negligent way with respect to enforcing the rules that you tell others they have to abide by, and if that creates harm for our society, then we will impose significant economic consequences on you.”
I think it was the comprehensive nature, working within the platform's own community standards—because they need advertising and advertisers wouldn't advertise on there otherwise—that made that legislation so elegant.
We'll go now to the third round. I think we have time.
There will be five minutes for the Conservatives, and I'm actually going to lead it off.
Mr. Geist, the day Bill , the Online News Act, was passed in the House of Commons, I found it ironic—some thought I was a conspiracist—that the big broadcasters slipped over to the CRTC chair and said, “We want to do less local news.” Isn't that ironic?
Of course, no money has come yet from Bill to the big broadcasters, but they are preparing for that, and I can tell you, in my city, that the local television station does two hours a day out of 216 First Avenue North.
:
I actually think what we've seen take place in terms of broadcaster response, both on news and on calls for reduced CanCon obligations, which we are also seeing now, does come out of this legislation.
On CanCon, for example, it was an obvious consequence that, if you were looking for the international streamers—the foreign streamers—to shoulder more of the responsibility, one of the responses you'd get from Canadian broadcasters would be, “Okay, we can reduce what we have to do as part of that.”
On the news side, I suspect the timing may well have been a coincidence, but in terms of the amount of news we might get from some of those broadcasters, there's been little evidence to suggest that the results they might get from Bill , which appear now to be pretty limited—with really only one company now subject to this legislation—would change the trajectory of some of the things those companies have been focused on when it comes to news.
:
I think one of the reasons we've seen delays on the harms bill is that, in all likelihood, it is recognized—and rightly so—as being even more controversial than Bill and Bill , and I think that's true.
I also think that it never made sense to put it in heritage. I don't know why online harms is a heritage issue. Reports have suggested that it has now been shifted within the government. I think that's a good thing, because I think this is much more of a justice and public safety-related issue.
I would say that what we really need as part of this legislation—and this may sound like a naive academic speaking—is for there to be an openness, a willingness, to engage in an open iterative policy process once it gets to committee, in the sense that making changes is not a mistake and doesn't suggest that somehow someone has erred but is rather an attempt to make the bill better.
With all due respect, I've felt that too often committee is set up more as consultation theatre than as actual, real, engaged consultation and that the notion of making changes, even potentially significant changes, is somehow seen as an admission of some sort of failure. I don't think it is.
These are bills that should have been not nearly as controversial as they proved to be. I think part of the problem was that from the day they were put forward—and this has been true for a long time with successive governments, frankly, both Conservative and Liberal—the idea was that, once the legislation was put forward, any significant changes were seen as somehow saying that we had made some sort of mistake and that was a sign of weakness.
I don't think it is. Actually, I think it's the opposite. I think it's a sign of strength to develop the very best policy possible.
I really do appreciate all of you taking the time to be with us today.
Mr. Ahmed, maybe I could start with you.
Given the limited amount of time we have, it will be very helpful to us if you might be willing to give us a written submission on how things are working or are not working—as the case may be—from your perspective in the U.K. If you would be willing to do that, I think it would be very much appreciated.
Mr. Kint, we would appreciate it if you would be willing to do so as well.
Would that work for you guys?
:
It's very consistent. I think the only distinction is that there's a lot of attention here on the loss of traffic from Facebook when they moved early, frankly, to block all news.
I think it's important to say that news was struggling before Bill was passed or before Facebook pulled out. Traffic is down from Facebook and Meta across the board internationally. This notion or this myth that suddenly something happened because you passed Bill C-18, which isn't even in force yet, and that's the problem is kind of absurd when you look at and study the international news market.
I think you bravely passed legislation by looking at smart legislation elsewhere that is working. This is a short-term temper tantrum by Facebook, as was described. I think there are very consistent experiences.
A lot of the downstream harms that are being discussed today are also very consistent with what we see elsewhere. I would strongly encourage everyone to look at the state attorneys general lawsuit against Meta for underage children being harmed by their platforms. It's 40-plus state AGs. It's multi-party in the U.S.
Despite kind of looking at the U.S. and thinking that we can't agree on things, there's very clear agreement on the harm that's happening and that Instagram and Facebook are not taking care of their products.
On the research and academic side, I've seen very important researchers.... A group at NYU here in the U.S. was blocked by Facebook from research it was trying to do, because it was seen as adversarial as it tried to expose some of the harms on the platform.
On the flip side, Google hosted Newsgeist in Canada as you were starting to look at Bill . I'm fairly certain that some of the witnesses who defended Google were at Newsgeist, which is a closed-door, invite-only, Chatham House rule conference for a lot of academics and people in the news industry who covet that invitation from Google.
I don't get invited, by the way.
:
Thank you very much, Mr. Chair.
I frankly want to say that I always find these discussions very interesting. Sometimes our questions are too long and don't leave enough time for answers. We should all take note of that, starting with me. We will surely know the ins and outs of the job by the end.
I want to thank the witnesses for clarifying these issues, which divide a lot of people.
Mr. Chair, as I am concerned about what we're currently seeing at the CRTC's hearings, about the study we're conducting on bills and about the general situation of the media, particularly the news media, I would immediately like to introduce and debate a motion.
I move as follows:
1- The news media is in crisis due to the dominance of foreign digital companies;
2- Hundreds of newsroom positions across Canada have been cut since the beginning of the year, and hundreds more are likely to be cut in the near future;
3- Canadian broadcasters, journalists' associations, news unions and many experts agree that urgent action must be taken to ensure adequate, diversified news coverage in all regions of Quebec and Canada;
That, pursuant to Standing Order 108(2), the Committee undertake a study to determine the appropriateness of holding a national forum on the media and that the Committee determine its terms of reference.
That the Committee hold a minimum of four meetings and report its recommendations to the House.
Mr. Chair, we sent the French version of this motion to the clerk a little earlier. I now turn the floor over to you.
I want to take this opportunity to make a comment for my committee colleagues. With all due respect to everyone on this committee, this is the second time recently that a decision of the chair has been challenged, despite the fact that decision was based on the rules and usages governing committee proceedings. This isn't a matter of interpretation of the standing orders. Rules regarding our practices do exist, and they must be obeyed. Once again a decision of the chair has been challenged and overturned because we prefer to continue. Which is absolutely right and legitimate; we want to continue questioning the witnesses.
I call on this committee to exercise great caution. There are rules, and it is all well and good for the committee to be sovereign and the master of the decisions it makes regarding how it operates, but we are on extremely slippery and dangerous ground when we overturn decisions that are clearly consistent with the rules based on the Standing Orders of the House.
This happened a few weeks ago when the decision on a motion to adjourn was challenged. This time, a decision on the admissibility of a motion has been challenged.
I'll stop there.
Mr. Chair, I want it recorded in the minutes of this meeting that I encourage this committee to exercise considerable caution with regard to all the parliamentary tools we have at our disposal.
Thank you.
:
Thank you very much, Mr. Chair.
Of course, that decision was on the line. The committee has the perfect right to make that decision. I would agree with Mr. Champoux that committee work means working often by unanimous consent, and I'm hoping that we get back to that.
Mr. Ahmed, I want to come back to you.
I'm stunned to learn that you have 25 members on your team. Please pass on our sincere appreciation for 25 people doing such remarkable work in the face of the big tech juggernauts and the massive increase in hate and disinformation we are seeing.
One of the things that can help to push back against this hate and disinformation is having transparency around online algorithms. Bill , before the Canadian Parliament, seeks to do that.
In the United States, before the U.S. Congress, as I know you are aware, Senator Ed Markey has put forward similar legislation to oblige big techs to actually expose the algorithms they use to force-feed, in this case, hate and disinformation to so many people.
The concern in big tech, of course, is that they'll be libel if there is a direct link between the massive terrorist attacks that we've seen linked to hatred, whether anti-Semitic, homophobic or racist, and their algorithms. A legal liability would be established.
How important is it for Parliament and the U.S. Congress to adopt this kind of legislation to hold big tech libel for the egregious practices they have?
:
Thanks for that question.
I think there remains deep concern among many digital creators about the implications of Bill . Obviously, there's been a policy direction that has tried to assuage some of those concerns. However, even within that policy direction, there still remain references to the prospect of dealing with algorithms and the like. I think there are still some concerns. There was media coverage, particularly on the issue of indigenous and BIPOC creators. In one instance, Vanessa Brousseau, who goes by the handle Resilient Inuk, went to meet with heritage officials and walked away feeling completely intimidated and disrespected.
I have to say that I find such an incredible disconnect between what are, legitimately, a whole raft of changes in the legislation designed to support those communities and their creativity, and—at the same time—the lived experience some have had within the legislative process, where efforts to bring their concerns to the table, whether at this committee or later at the Senate, may have been sidelined. The Senate heard from far more digital creators, from all walks, than this committee took the time to hear from, when it came to Bill .
I think you have to do more than just have legislation that sounds good. You have to ensure the groups that are affected have an opportunity to be heard as well.
At this time, I would Ike to move a motion that was tabled and moved at the last meeting. However, we didn't have an opportunity to bring it to a vote. It's my hope that, today, we can bring it to a vote quite quickly and go onward.
I'll read the motion into the record:
Given that, the Department of Canadian Heritage, under the leadership of the Honourable Pablo Rodriguez, approved ‘anti-racism’ grants upwards of $130,000 to Laith Marouf of the Community Media Advocacy Centre (CMAC), on October 21, 2022, the Honourable Pablo Rodriguez appeared before the Heritage Committee, during which time he was asked by a number of MPs about the date he was made aware of Laith Marouf’s derogatory remarks about Jews and Francophones and the minister reported to the Committee that he was not informed until after August 22, 2022, an article by the Globe and Mail and an Access to Information Request indicate emails circulated from the former Diversity and Inclusion Minister, the Honourable Ahmed Hussein, his former chief of staff, Minister Rodriguez’s former chief of staff, and the deputy minister at Canadian Heritage between August 17th and August 19th, 2022, including one sent to Minister Rodriguez’s personal email account titled “Laith Marouf and antisemitic hate speech,” the Committee invite the former Minister for Canadian Heritage, the Honourable Pablo Rodriguez, to appear before the committee as soon as possible for no fewer than two hours to clarify his remarks concerning Laith Marouf, and that the committee report its findings to the House.
Mr. Chair, I have read the motion into the record. My request is clear: that we hear from the former minister of Canadian heritage. He is the one who made the decision or signed off on the $130,000 that went to Laith Marouf. He is, further, the one who requested that the money be paid back. It has not been. Laith Marouf should have been scolded and had the money taken from him far sooner than it was by this minister, who chose instead to turn a blind eye.
It is incumbent upon this minister to come to the committee and explain to us why he made the decision he did or to clarify his previous comments.
I move the motion.
:
That's correct. We would do that.
It would seem reasonable, to a reasonable person, that in an agreement such as that, crafted among people who I assume are honourable, everyone would have their three minutes to do that work, given the time that has been given to us by these witnesses.
It seems as though, if that is the approach the committee would like to take going forward, then, certainly, we will guard ourselves accordingly, but as Mr. Coteau very rightly said—
An hon. member: We feel bamboozled.
Mr. Taleeb Noormohamed:—we sit here, with many on the other side whom we believe act in good faith, to be able to do that work.
This is now the second meeting in a row where this has happened, where, knowing that there is an agreement to finish our time and that we would be afforded that opportunity, both times a motion has been dropped at the very last second, knowingly ensuring that we won't get our time.
If that is the tone, the tenor and the approach you want to take to this committee, so be it. However, that is a decision being made by the Conservatives, certainly not by us, and I would argue not by members of other parties who are in this room.