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Canada may soon put speech limits on online platforms

Oct 11, 2022

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When it comes to free speech, every country has a limit. For Canada, publicly inciting hatred is a criminal offense that could land you two years in prison. Now the country is considering further speech limitations on online platforms.

Canada’s criminal code defines hatred as “communicating statements in any public place, that incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace.”

While often compared to the United States over its close proximity, Canada’s constitution explicitly allows for freedom of speech, subject to “reasonable” limits by the law. But some critics say the broad definitions complicate how these limits are applied.

Dr. Jordan Peterson, Canadian psychologist and social media personality, has spoken out about hate speech legislation in the past. “Who defines hate? Those people that would least want to have defined it. That would be the inevitable consequence of the legislation,” he argues.

Canada’s government however has recently shifted focus from hate speech in the streets to the threats from online platforms.

“Online platforms are increasingly central to participation in democratic, cultural and public life. However, such platforms can also be used to threaten and intimidate Canadians and to promote views that target communities, put people’s safety at risk, and undermine Canada’s social cohesion or democracy,” according to the Canadian government’s website.

The country is currently debating online safety legislation that in part aims to counter “harmful content and views.” A board of experts will be tasked with advising the government on how to define what is harmful speech as well as how to regulate online content and ensure compliance among the Canadian citizenry.

The Canadian government says, “Now, more than ever, online services must be held responsible for addressing harmful content on their platforms and creating a safe online space that protects all Canadians.”

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MAHMOUD BENNETT: IF YOU’VE BEEN FOLLOWING OUR SERIES YOU KNOW WE’VE BEEN TALKING ABOUT WHERE DIFFERENT WORLD LEADERS DRAW THE LINE WHEN IT COMES TO SPEECH

EVERY COUNTRY HAS A LIMIT. AND FOR CANADA PUBLICLY INCITING QUOTE HATRED –  IS A CRIMINAL OFFENSE* THAT COULD LAND YOU TWO YEARS IN PRISON

CANADIAN LAW DEFINES HATE AS QUOTE COMMUNICATING STATEMENTS IN ANY PUBLIC PLACE, THAT INCITES HATRED AGAINST ANY IDENTIFIABLE GROUP WHERE SUCH INCITEMENT IS LIKELY TO LEAD TO A BREACH OF THE PEACE

IT’S A BROAD DEFINITION – WHICH SOME CRITICS SAY HAS FEW BOUNDS

DR. JORDAN PETERSON / PSYCHOLOGIST: “Who defines hate? That’s actually the problem. Those people that would least want to have defined it. That would be the inevitable consequence of the legislation.”>

BENNETT: RIGHT NOW CANADA IS DEBATING ONLINE SAFETY LEGISLATION THAT IN PART AIMS TO COUNTER QUOTE HARMFUL CONTENT AND VIEWS THAT TARGET COMMUNITIES AND UNDERMINE CANADA’S SOCIAL COHESION

A BOARD OF EXPERTS WILL ADVISE THE GOVERNMENT HOW TO DEFINE WHAT IS “HARMFUL” AND REGULATE ONLINE CONTENT AND ENSURE COMPLIANCE

FOR MANY IT’S A STARK CONTRAST TO THE U.S. – AND WHILE THE TWO COUNTRIES ARE OFTEN COMPARED OVER THEIR CLOSE PROXIMITY – CANADA’S CONSTITUTION EXPLICITLY ALLOWS FOR FREEDOM OF SPEECH – *SUBJECT TO REASONABLE LIMITS BY LAW*