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Published: February 27, 2024
The government of Prime Minister Justin Trudeau has introduced its long-awaited legislation to better protect Canadians, especially youth, against online harm. Here are five things Bill C-63 proposes to do.
Target specific types of harmful content
The government wants to target non-consensual sharing of intimate images, including those generated by artificial intelligence and content that "has a child victim or revives a survivor." The bill will also cover anything online used for child bullying or encouraging them to self-harm.
Content inciting violent extremism or terrorism, alongside material inciting violence or hate, will also be subject to the new law.
There is overlap with five categories of content the government proposed to address in a 2021 consultation document. A key difference: the previous plan included provisions on hate speech broadly, whereas the new bill does not.
Add new responsibilities for online platforms
The bill will set new rules for online platforms, one of which is broadly defined as a "duty to act responsibly." Companies are expected to reduce exposure to harmful content by "continuously" assessing risks, developing mitigation strategies, and providing users with tools to report harmful content.
The legislation will also require platforms to publish "digital safety plans" outlining measures to reduce the risk of exposing users to harmful content and tracking their effectiveness. Companies will also have to share data with researchers.
The government says the new rules will apply to social media, "user-uploaded adult content," and "live streaming services" with a certain number of users, a detail clarified in upcoming regulations. The cabinet will have the power to target smaller services "when they pose a significant risk of harm."
Create a new regulator and appoint a new ombudsman
The government seeks to establish a new "Digital Safety Commission" consisting of five members appointed by the cabinet. It will have the power to demand removal within 24 hours of images shared without the individual's consent, as well as sexual content involving a child victim or abuse survivor.
The commission will be separate from the Canadian Radio-television and Telecommunications Commission, which regulates traditional broadcasters. Complaints will be referred to it.
The new "independent" ombudsman, also to be appointed by the cabinet, advocates on behalf of users, provides information on complaints they wish to file, and makes recommendations to social media services, the regulator, and the government.
Enhance reporting on child pornography materials
The government also plans to amend the current law requiring internet services to report instances of child sexual abuse images online. These changes will apply the rules to social media platforms and establish an authority to centralize mandatory reporting of such crimes "through a dedicated enforcement body."
The amendment will also extend the period during which this data can be retained to assist police investigations. The two-year limitation period for prosecution is also extended to five years.
Change the Canadian Human Rights Act and add tougher sentences for hate crimes
The government plans to add online hate speech as a form of discrimination under the law and allow people to file complaints against individuals who post such content with the Canadian Human Rights Commission.
It will also make changes to the Criminal Code, including increasing the maximum penalty for four hate-promoting offenses.
For example, someone convicted of advocating genocide may face life imprisonment, up from five years in prison.
The government also aims to create a new hate crime offense that can apply to any other crime, rather than only being listed as an aggravating factor during sentencing.
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