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Guide to the Global Leaders in Media Law Practice

REGIONS WE COVER

Middle East and North Africa

North America

Asia-Pacific

Western Europe

Central and Eastern Europe

Canada's well-developed media market has been further enhanced by significant legal developments, notably the enactment of the Online Streaming Act (Bill C-11), the introduction of the Online Harms Act (Bill C-63) and landmark decisions affecting international digital platforms operating within the country.

These developments emphasis Canada's evolving approach to regulating digital media, working to balance the promotion of local productions, the mitigation of online harms and the management of international digital entities operating within its borders.

The enactment of the Online Streaming Act (Bill C-11), known as the Online Streaming Act, took effect in September 2024 and mandates that foreign streaming platforms generating over CAD25 million in annual revenue within Canada contribute 5 per cent of their revenue to support Canadian online material. The initiative aims to bolster domestic content creation and ensure equitable contributions from international streaming entities benefiting from the Canadian market.

In February 2024, the government introduced Bill C-63, the Online Harms Act, addressing harmful online material, including hate speech and content promoting violence or extremism. The bill proposes amendments to the Criminal Code and the Canadian Human Rights Act, introducing stringent penalties, including potential life imprisonment for severe offences. While the bill aims to balance free expression with protection from harm, it has faced criticism for its broad definitions and the extensive powers it grants to the proposed Digital Safety Commission.

In December 2024, Canada ordered ByteDance, the parent company of TikTok, to dissolve its Canadian business operations due to national security concerns. However, Canadian users retain access to the app. This decision aligns with global scrutiny over TikTok's data practices and reflects Canada's commitment to safeguarding national security in the digital realm.

In other developments, in late 2024, major Canadian media outlets, including The Canadian Press, Torstar, The Globe and Mail, Postmedia, and CBC/Radio-Canada, initiated a lawsuit against OpenAI. Companies alleged unauthorised use of their journalistic material to train AI models such as ChatGPT, claiming violations of copyright laws. OpenAI defended its practices under "fair use" doctrines. The case highlights, however, the complex intersection of AI technology, content ownership and intellectual property rights.

RANKINGS

TIER 1

Cassels

Dentons

Goodmans

Gowling WLG

RANKINGS