Prime Minister Justin Trudeau鈥檚 government has tabled its long-awaited legislation to better protect Canadians, and particularly youth, against online harms. Here are five things Bill C-63 proposes to do.
1. Target specific types of harmful content
The government wants to target the non-consensual sharing of intimate images, including deepfakes generated by artificial intelligence and content that 鈥渟exually victimizes a child or revictimizes a survivor.鈥� The bill would also cover anything online that is used to bully a child or urge them to commit self-harm.
Content that incites violent extremism or terrorism, along with material that incites violence or stirs hatred, would also be subject to the new law.
There is overlap with five categories of content the government proposed tackling in a 2021 consultation document. One key difference: the earlier plan included provisions around hate speech writ large, whereas the new bill does not.
2. Add fresh responsibilities for online platforms
The bill would usher in new rules for online platforms, one of which is broadly defined as the 鈥渄uty to act responsibly.鈥� Companies would be expected to reduce exposure to harmful content by 鈥渃ontinuously鈥� assessing risks, developing mitigation strategies and providing tools for users to flag harmful content.
The legislation would also require platforms to publish 鈥渄igital safety plans鈥� to outline measures to reduce the risk of exposing users to harmful content and track their effectiveness. Companies would also have to share data with researchers.
The government says the new rules would apply to social media sites, 鈥渦ser-uploaded adult content鈥� and 鈥渓ive streaming services鈥� with a certain number of users, a threshold that would be spelled out in detail in coming regulations. Cabinet would have the power to target smaller services 鈥渨hen they pose a significant risk of harm.鈥�
3. Create a new regulator and a new ombudsperson
The government seeks to create a new 鈥渄igital safety commission鈥� comprised of five individuals appointed by cabinet. It would have the power to order the removal within 24 hours of images shared without an individual鈥檚 consent, as well as content that sexually victimizes a child or survivor of abuse.
The commission would be separate from the Canadian Radio-television and Telecommunications Commission, which regulates traditional broadcasters. 鈥淔rivolous鈥� complaints would be screened out.
A new 鈥渋ndependent鈥� ombudsperson, also appointed by cabinet, would advocate on behalf of users. It would provide information about complaints they wish to file and make recommendations to social media services, the regulator and the government.
4. Strengthen reporting around child pornography
The government also plans to amend a current law that says it is mandatory for internet services to report instances of child sex abuse images on the internet. Changes would apply those rules to social media platforms and 鈥渃reate authority to centralize mandatory reporting鈥� of such offences 鈥渢hrough a designated law enforcement body.鈥�
The amendment would also extend how long such data can be preserved to assist in police investigations. It would also extend to five years the current two-year limitation period for prosecution.
5. Change the Canadian Human Rights Act and add stiffer 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 posting such content to the Canadian Human Rights Commission.
It would also make changes to the Criminal Code, including by increasing the maximum punishment for four hate propaganda offences.
For example, someone found guilty of advocating genocide could face life imprisonment, up from five years in prison.
The government is also looking to create a new hate crime offence that could be applied to every other offence, instead of only listing it as an aggravating factor during sentencing.
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