The federal government is expected to introduce legislation in coming weeks to reduce or eliminate the presence of “harmful” content on social media and other digital platforms. This initiative is consistent with the government’s top legislative priorities, as listed in the Prime Minister’s January 15 mandate letter to cabinet.
While its exact scope and contents remain to be seen, the proposed regulatory scheme is likely to be informed by a report recently issued by the Canadian Commission on Democratic Expression. Notably, former Chief Justice Beverly McLachlin was among the report’s panel of authors. The report contains 6 specific recommendations for regulating harmful content online, including the imposition of a statutory duty on online platforms “to act responsibly”, the establishment of an arm’s length regulator of online platforms, and an e-tribunal modelled after B.C.’s Civil Resolution Tribunal for addressing content-based complaints.
It isn’t clear whether the content restrictions to be proposed under this regime will be limited to those forms of expression which are already contrary to criminal and human rights law, such as hate speech and child pornography, or whether additional restrictions will be introduced. However, the CCDE’s report suggests “hate-filled diatribes, bullying, harassment, conspiracy theories, [and] fake COVID 19 news” are all forms of expression which are harmful to our democracy and need to be addressed.
CLF made written submissions to the Minister of Justice on this issue back in October 2020, and has also expressed particular support for protecting victims of online sex crimes. Disturbing revelations concerning the open publication of criminal materials including child pornography, non-consensual acts, and other detestable images on major online platforms evince the need for some form of intervention in this area.
At the same time, CLF is urging the government to protect the free expression of religious and political views which are not hateful or otherwise criminal in nature. As recognised by the Charter, the Bill of Rights, and several key Supreme Court of Canada decisions, the freedom to express even unpopular or offensive beliefs is fundamental to the proper functioning of our free and democratic society. It is imperative that any new regulatory regime be crafted with this in mind.
CLF will continue monitoring this situation as it develops, and working with government and other stakeholders to find the appropriate balance in protecting vulnerable persons from harm on the one hand, and preserving the rights of minorities to express themselves openly on the other.