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Published: August 9, 2023
A group of Canadian news publishers and broadcasters has called on the Competition Bureau of Canada to investigate and prevent Meta from banning news content on its digital platforms.
This request comes as the social media giant Meta, which owns Facebook and Instagram, announced it would begin banning news on its platforms in Canada starting Tuesday after the Canadian government passed a bill that forces Google and Meta to pay publishers for the content they link to.
News Media Canada, the Canadian Association of Broadcasters, and CBC stated in a joint statement that they have submitted a request to the Competition Bureau to investigate "Meta's abuse of its dominant position."
They also stated that the practices of the social media giant are "anti-competitive" as they would prevent Canadian news companies from accessing the advertising market and significantly reduce their visibility to Canadians on social media platforms.
They added in their request: "If Meta is allowed to proceed unchecked, it could cause significant harm to the ability of Canadian news organizations to provide high-quality news services to Canadians, which is critical for the functioning of a free and democratic society."
For his part, spokesperson John Power said that the Competition Bureau is closely monitoring developments related to Meta's decision to block Canadians' access to news and is conducting a preliminary review.
He confirmed that the Bureau has received the complaint from news organizations but stated that it would not be appropriate to speculate or comment on whether a specific behavior might raise concerns under competition law.
In response to a request for a response to the application, Meta spokesperson Lisa Laventure pointed to the company's previous comments on the Online News Act, also known as Bill C-18, stating that the law is based on flawed principles leading it to block news.
The company said, "The only way we can reasonably comply with this legislation is to stop making news available to people in Canada."
Meta had previously banned news content for some users in Canada, but this move is set to include all Canadians starting Tuesday. Canadians will no longer be able to view or share news on Facebook or Instagram, as news organizations will start seeing their stories blocked on those platforms.
The company also noted that Canadians can still access news online by going directly to news publishers' websites or using their mobile news apps.
Killdon Beaster, executive director of the Canadian Antitrust Project, said that using existing competition laws to take action against news bans by Meta would be challenging.
To prove the alleged abuse of dominance, as claimed by media organizations, they must demonstrate Meta's significant market control, that it engages in anti-competitive practices, and that there are anti-competitive effects.
The three news groups stated that Meta controls the social media and online advertising market, and its exclusion of Canadian media is anti-competitive. They assert that Meta's behavior will affect news organizations' ability to compete for online advertising revenues and readership.
Beaster stated that determining the relevant market in relation to news organizations will be a challenge, however, as the Competition Bureau considers whether there are alternatives for consumers, such as news publishers' websites, when assessing the threshold and effects of anti-competitive actions.
In the same vein, Marsha Barber, a professor at the School of Journalism at Toronto Metropolitan University, stated that the banning of news on Meta's platforms is likely a blow to broadcasters and media publishers.
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