The government’s latest censorship Bill C-34 is framed as legislation necessary to protect children. However, it incorporates some of the worst elements of Bill C-63 – the government’s previous “Online Harms Act” that failed to pass – and adds new censorship powers.
The bill proposes regulating social media, online services, and AI chatbots through the creation of a Digital Safety Commission. The Commission will have broad discretionary power to force compliance from online services and compel the removal of any harmful or “hateful” material.
Controversially, the bill weakens the legal definition of hatred presently used by the courts, reducing the requirement from both vilification and detestation to only one of either vilification OR detestation. The result will be increased censorship and a substantial chill on controversial speech.
Importantly, existing laws capture almost all of the conduct outlined in the bill. This includes cyberbullying and non-consensual distribution of intimate images, terroristic or violent threats, hate speech under the Criminal Code, counselling self-harm (Criminal Code s.241), and possession and distribution of CSAM material.
The bill requires online service providers to create an age verification system. Though the bill doesn’t specify age verification methods, it will undoubtedly require service providers to collect biometric and/or behavioural information from both adults and children, engaging privacy rights and raising fears of security breaches. The effect will be to create a database of personal identifying information and to destroy online anonymity
Digital services that fail to comply with directives of the Digital Safety Commission will face substantial fines based on a percentage of global revenue.
“Laws protecting children from online harm and abuse are vital. However, for the most part, they already exist. All digital services like YouTube, X, Facebook, and TikTok have reporting and takedown policies and mechanisms for illegal or egregiously harmful material. Criminal charges for hateful or threatening posts are already commonplace. Of course, laws should be enacted to address any gaps, but online age verification for children will require age verification for everyone. So while the government frames the bill as a law to protect children, its effect will be to control digital access, comprehensively surveil and punish adults for online dissent. Together with Bill C-22, it establishes an online surveillance architecture that will negatively impact every Canadian’s right to free expression. Parliament should pursue targeted child-protection measures without undermining privacy, anonymity, and freedom of expression.”
Hellbound and Down 