Artificial intelligence makes Bill C-18, Canada’s Online News Act, already outdated
Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law.
Yet that focus ignores a vital new reality that may already render the bill out of date. Several witnesses before the Senate committee studying the bill pointed to the emergence of generative artificial intelligence and its impact on the news business.
That means there is no obligation arising out of the bill on any of those companies to negotiate agreements with Canadian news outlets. The emergence of generative AI has sparked a discussion about the prospect of licensing news content for inclusion in the large language models used by AI systems. But Bill C-18 actually moves AI companies in the opposite direction, as it seems likely to wean internet intermediaries off Canadian news sources and discourages linking to original sources by upending the long-standing principle of linking to online sources as part of the free flow of information on the internet.
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