Online News Act

This Act applies in respect of a digital news intermediary if, having regard to the following factors, there is a significant bargaining power imbalance between its operator and news businesses:

1. the size of the intermediary or the operator;
2. whether the market for the intermediary gives the operator a strategic advantage over news businesses; and
3. whether the intermediary occupies a prominent market position.

For the purposes of section 6 of the Act, there is a significant bargaining power imbalance between an operator and news businesses only if,

1. with respect to the factor set out in paragraph 6(a) of the Act, the operator’s total revenue from all sources in the previous calendar year is greater than $1 billion; and
2. with respect to the factors set out in paragraphs 6(b) and (c) of the Act, the digital news intermediary in question is one of the following online communications platforms:
   1. a search engine that, during the previous calendar year, had an average of at least 20 million unique visitors in Canada per month,
   2. a social media service that, during the previous calendar year, had an average of at least 20 million active users in Canada per month.