Online News Act

How it changed on the way

16% of the text as introduced was changed or removed by the time it became law (10,673 words introduced, 12,363 passed). A committee amended it.

moderate changeintent broadened

The bill kept its core framework for bargaining between platforms and news outlets but added definitions and eligibility rules for Indigenous and official language minority community outlets. It also inserted a new annual reporting duty for the CBC and updated the monarch reference and some numbering.

• Added definitions covering Indigenous news outlets and official language minority community news outlets.

  After: “( média d'information autochtone ) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 .”

• Inserted a new annual report obligation for the Canadian Broadcasting Corporation.

  After: “(m) requires the Canadian Broadcasting Corporation to provide the Commission with an annual report if the Corporation is a party to an agreement with an operator;”

• Updated the long title year and monarch reference from Elizabeth II to include Charles III.

  Before: “C-18 1 44 70-71 Elizabeth II 2021-2022”

  After: “C-18 1 44 70-71 Elizabeth II – 1 Charles III 2021-2022-2023”

How precisely it is written

vagueChallenging the law: EasyDisputing a charge: Moderate

The Act relies heavily on subjective Commission opinions and open-ended factors rather than fixed rules or objective thresholds. This leaves core obligations and exemptions open to prolonged argument.

Open to argument

• “the Commission considers appropriate”

  Appears repeatedly in exemption, interim and compliance orders, turning legal effect on the regulator's subjective view.

• “any factor it considers appropriate”

  The Commission may weigh any such factor when deciding discrimination complaints or arbitration outcomes.

• “highly likely to result in serious detriment”

  Vague predictive standard that an arbitration panel must apply without numerical or objective benchmarks.

Clear-cut

• “liable on summary conviction, (a) for a first offence, to a fine of not more than $5,000;”

  Sets a clear monetary ceiling and conviction route for confidentiality breaches.

• “digital news intermediary means an online communications platform, including a search engine or social media service, that is subject to the legislative authority of Parliament and that makes news content produced by news outlets available to persons in Canada.”

  Provides a closed, exhaustive definition of the regulated entities.

Discretion. The CRTC receives wide power to issue orders containing any conditions it considers appropriate, to designate or revoke eligibility, to disclose confidential information, and to specify further regulatory provisions that bind operators.

Challenging the law itself. Broad discretion and terms such as 'unjustly discriminates' and 'public interest' engage section 2(b) Charter freedom of expression and are vulnerable to vagueness or overbreadth arguments.

Disputing a charge under it. An accused operator can readily dispute whether conduct meets subjective tests such as 'normal course of business' or 'considers appropriate' without needing external evidence.

Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.