Liberals are poised to reveal a bill addressing online harms. Here’s what you should be aware of.

The federal government is finally introducing its much-anticipated online harms legislation, following the failure of its previous efforts amid the 2021 federal election. While the legislation’s full text remains undisclosed, its lengthy title comprising 46 words suggests amendments to the Criminal Code, the Canadian Human Rights Act, and regulations mandating the reporting of online child pornography.

Prime Minister Justin Trudeau stated last week that the bill aims to shield children from exposure to “hatred, violence, bullying, and disturbing online content.

In June 2023, the federal government introduced Bill C-36, aimed at combatting hate propaganda, hate crimes, and hate speech.

David Lametti, then the Minister of Justice, emphasized that the legislation targeted the most blatant and harmful forms of hate speech, which can fuel discrimination and violence.

Under Bill C-36, individuals or groups could lodge hate speech complaints with the Canadian Human Rights Commission, with provisions to prevent abuse of the process.

However, the bill faced criticism from privacy experts and civil liberties groups. They argued that its requirement for online platforms to remove flagged content within 24 hours might lead companies to overly suppress free speech.

Emily Laidlaw, a law professor at the University of Calgary and co-chair of the government’s advisory group on the legislation, expressed hope that the legislation would reconsider the take-down deadline and its approach.

 

As outlined in the open letter, members of the advisory board advocate for the legislation to incorporate five pivotal elements:

1. Mandating digital platforms to conduct risk assessments on products used by Canadians and to act responsibly, including upholding fundamental rights to safeguard users from harm.
2. Establishing a special duty to shield children from harm.
3. Creating a regulatory body for online harm with authority to investigate and audit digital platforms, impose fines, and enforce corrective measures.
4. Including a provision requiring digital platforms to provide “an avenue to audit and verify” their compliance with the act by sharing data with researchers.
5. Establishing an online forum for victims affected by platforms’ content moderation practices.

Owen Charters, President and CEO of BGC Canada (formerly Boys & Girls Clubs of Canada), stressed that the new bill must prioritize children’s welfare and ensure accountability.