Some reflections on the Australian experience and what they might mean for Canada.
After Google’s move on Thursday, Heritage Minister Pablo Rodriguez sent a written statement calling the companies’ moves “deeply irresponsible and out of touch … especially when they make billions of dollars off of Canadian users” with advertising.
Australia’s regulatory experiment – the first of its kind in the world – also got off to a rocky start, but it has since seen tech companies, news publishers and the government reach a middle ground.
They are jumping the gun.
Retroactive establishment of penalties aren’t a thing in Canadian federal regulation.
The penalties can’t be implemented without a Gazetting period for the regulations, and Meta and Google will have the opportunity to formally comment on the proposed penalties then.
Retroactive penalties absolutely are a thing. I’ve known people who have gotten bit by that when tax laws change retroactively. Also, Google hasn’t yet blocked anything, but implementing a block like that doesn’t happen overnight. So yes, they do need to start writing the and testing the code to do the blocking now, not at the last minute. The announcement is also part of their negotiation, making it clear that this is in fact a possible outcome.