Vaughn Palmer: Eby gives social media giants another chance

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VICTORIA — Premier David Eby has pushed the pause button on a contentious bill that would have allowed the province to recover health care and other costs attributed to the marketing of risky products in B.C.

Two dozen business and industry groups had called for the New Democrats to put the bill on hold, claiming it was so broadly drafted that it could be used to go after producers, distributors and retailers of every kind.

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Eby claimed the pause had nothing to do with those protests. Rather, he said, it was the willingness of giant social media companies to join with the government to immediately address online safety in B.C.

“It is safe to say that we got the attention of these major multinational companies,” the premier told reporters on Tuesday, citing the deal with Meta, Snapchat, TikTok and X, the major players in the field.

“They understand our concern and the urgency with which we’re approaching this issue. They also understand the bill is still there.”

The New Democrats maintain that the legislation was never intended to capture the many B.C. companies and associations that complained about it.

Rather it was targeted at Facebook owner Meta and other social media companies and the online harm done to young people. A prime example was the suicide of a Prince George youth who was trapped by an online predator.

Still, there was nothing in the wording of Bill 12, the Public Health Accountability and Cost Recovery Act, to indicate its application would be confined to social media companies or their impact on young people.

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Eby even admitted that the law could also be used to recover costs associated with vaping products and energy drinks.

Some critics wondered if the bill’s broad-based concept of harms and risks could be used to prosecute the liquor board or the dispensers of safer-supply drugs, products with proven harms greater than any sugary drink.

Perhaps thinking along those lines, the government specifically exempted itself from prosecution under the Act.

This week’s announcement came as a surprise. As recently as Monday, Attorney General Niki Sharma told reporters the government had no intention of putting the bill on hold.

Tuesday, she justified her evasion by saying the talks with the social media companies were intense and confidential.

She said the pause was conditional on Meta and the other companies delivering a quick response to government concerns.

“British Columbians expect us to take action on online safety,” she told reporters. “What I’ll be looking for at this table is quick and immediate action to get to that better, safety online.”

A prime goal is addressing online harassment and “the online mental health and anxiety that’s rising in young people,” she said

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“I’m going to be watching along with the premier as to whether or not we do get real action on changes for young people right away,” said the attorney general.

“I want to sit down with these companies look at them face to face and see what they can do immediately to improve the outcomes for British Columbians.”

Meta has already committed to rectifying Eby’s concern that it should relay urgent news about wildfires, flood and other disasters in B.C. Last year, those were blocked, collateral damage in the company’s hardball dispute with the federal government over linking to news stories from Canadian media companies.

Eby says he was very skeptical about the initial contact from the companies. Now he sees Meta’s willingness to deliver emergency information as a “major step” and he’s prepared to give talks the benefit of the doubt.

Not long ago he was scoring political points off the social media companies in the harshest terms.

“The billionaires who run them resist accountability, resist any suggestion that they have responsibility for the harms that they are causing,” said the premier on March 14, the day Bill 12 was introduced.

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“The message to these big, faceless companies is, you will be held accountable in B.C. for the harm that you cause to people.”

Given those characterizations, perhaps the big, faceless billionaires will simply direct their negotiating team to play for time until the legislation adjourns as scheduled on May 16.

“The legislation is not being pulled and we’re not backtracking,” said Sharma. “We can always come back and bring legislation back.”

The government could schedule a quick makeup session of the legislature in late May or June or even in early September, before the house is dissolved for the four-week campaign leading up to the scheduled election day, Oct. 19.

More likely, if the New Democrats feel doublecrossed, they could go back to war with the faceless billionaires with a view to re-enacting Bill 12 after a hoped-for election victory.

Even if the New Democrats get some satisfaction from the social media companies in the short term, they have also framed Bill 12 as a way to force the marketers of risky products to help cover the cost of health care and other services.

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They probably mean it when they say Bill 12 is only paused, not permanently consigned to the trash heap.

vpalmer@postmedia.com

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