Bill C-63 adds fuel to the fire of already heated debates on Parliament Hill
On Feb. 26 2024, the long-awaited Bill C-63 (or the Online Harms Act) was tabled by the Liberal government, nearly three years after the party’s initial promise for further online safety legislation during their 2021 election campaign.
Justice Minister Arif Virani presented the legislation, emphasizing that the Bill will work to target harmful content and bad actors, focusing on protecting the internet’s most vulnerable users: children.
“Harmful content” under the new legislation is divided into seven categories, two of which would require a 24-hour takedown response by the platform hosting the content, or companies can expect to face up to millions of dollars in penalties. Types of harmful content discussed include content that sexually victimizes children or re-victimizes a survivor, non-consensually shared sexual media, content that purposefully incites hate or violence, violent extremism or terrorism, and content that is used to bully a child or encourage self-harm.
Additionally, the bill would see the establishment of a new digital safety commission to oversee the enforcement and subsequent success and failures of the new legislation, even equipped with its own ombudsperson.
The most controversial element of the legislation is that Bill C-63 proposes the enshrinement of “hatred” in the Criminal Code, as well as the definition of online “hate speech” to be added to the Canadian Human Rights Acts (CHRA). This subsequently allows for hate-motivated crimes to be standalone offences, as well the expected sentencing would increase from a five-year maximum to a life in prison maximum. Further, individual victims of online hate speech are now allowed to file formal complaints with the Canadian Human Rights Commission.
Parents, victims of sexual abuse and hate crimes, and others simply in favour of stricter internet regulation have rallied around the new bill.
However, Bill C-63 is also adding fuel to the fire over already heated debates on Parliament Hill concerning censorship and freedom. Opposing arguments emphasize that Bill C-63 could infringe on Canadians’ right to freedom of expression and that penalties such as life in prison may be too harsh.
However, Minster Virani did express in his following press conference that while hate speech will not be tolerated, being mean or awful will still be lawful.
Where one stands on this bill will likely be determined by how much you value protection and how much you value freedom. A delicate balance between both is surely what most would say, however, the literal formulation of this is impossible as it’s entirely subjective.
Who is the government to tell people what they can and can’t do on the internet? I fear someone who has never been impacted by the disturbing and dark things that come from the internet, especially in terms of the targeting, exploitation, and sexual abuse of children may argue the latter. I would like to point out that there seems to be a non-existent presence of victims, whether sexual, hate, or bully-related, who are speaking in opposition to the bill and that silence speaks volumes.
Unfortunately, the empathy gap in Canadian society seems to grow by the second, and I wonder how many would continue standing in opposition if they or someone they loved had been a direct victim of these online harms. While this legislation may have come at an agonizingly slow pace I believe it is a step in the right direction for Canadian online safety. Quick tip: if you don’t want to be monitored while using public internet spaces, don’t use public internet spaces!
