The Democracy Fund (TDF) has warned the public that the proposed Online Harms Act of the Canadian government could “weaponize” the courts and instill fear while doing little to curb social conflict and promote safety online.
In February, Minister of Justice and Attorney General Arif Virani proposed the Online Harms Act, also known as Bill C-63. The bill, which includes amendments to the Criminal Code and the Canadian Human Rights Act, claims to protect children from online sexual abuse, cyberbullying and self-harm.
Bill C-63 seeks to reinstate Section 13 of the Canadian Human Rights Act, a “hate speech” provision abolished in 2013 by former Prime Minister Stephen Harper. The bill would enable the government to target and remove specific online content.
The bill aims to create a Digital Safety Commission, a digital safety ombudsperson and the Digital Safety Office, all tasked with monitoring and regulating internet content.
Additionally, a five-person government-appointed panel would monitor internet platforms and hold “secret commission hearings” against rule-breakers. Under the bill, those who commit hate speech online could face severe penalties, including life imprisonment or fines of up to CA$50,000 ($36,150).
However, in a 26-page legal brief, TDF argued that the proposed bill would grant excessive government power to clamp down on online speech.
“Historically, the power to censor has been a weapon of authoritarian regimes. This power inevitably expands and eventually eliminates the civic process by which society adapts and progresses,” the TDF wrote in the legal brief. “It will not reduce social conflict. On the contrary, it is likely to exacerbate the problem of social conflict, weaponize the courts and the human rights tribunal for political purposes, and introduce fear into the online social environment.”
Moreover, TDF stated that “open dialogue and education” are better alternative solutions to address harmful attitudes rather than censorship.
Hellbound and Down 