Canada’s Online Streaming Act and Online News Act have become part of US trade discussions, Culture Minister Marc Miller confirmed Wednesday, as both countries prepare for a mandatory review of their continental trade agreement.
Miller’s office acknowledged ongoing discussions with Meta about restoring news content to Facebook and Instagram while maintaining support for the cultural legislation. The minister stated the government stands by the value of both acts, even as Washington identifies them as trade irritants.
US Trade Representative Jamieson Greer told Congress in December that both Canadian laws impact American digital service providers and represent concerns ahead of the Canada-US-Mexico Agreement review beginning in July.
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The Online News Act, which received royal assent in June 2023, requires major tech platforms to negotiate payments with Canadian news organizations. Google reached a $100 million annual agreement with Canadian journalism groups in late 2023, allowing the company to continue sharing news content. Meta chose to block all Canadian news from its platforms rather than comply with payment requirements.
The Online Streaming Act, formerly known as Bill C-11, became law in April 2023 and requires streaming platforms with over CA$25 million in Canadian revenues to contribute 5% of their annual revenues to Canadian content production funds.
Cultural industry groups have called on the government to defend the legislation during trade negotiations. Miller said Monday that Canada cannot compromise its arts and culture, but acknowledged the need for discussions with countries that view Canadian cultural policy differently.
The developments come as Canada and the US prepare for the CUSMA review, where American negotiators have identified multiple trade irritants, including the cultural legislation, supply management for dairy products, and provincial alcohol restrictions.
Miller spokesperson Hermine Landry said Wednesday that Canada has maintained regular contact with digital platforms throughout the Online News Act’s development and implementation. While confirming US opposition to the legislation, Landry declined to discuss trade negotiation details.
The mandatory six-year CUSMA review will determine whether the three partner nations agree to extend the agreement beyond its 2036 end date.
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