Canada’s Online Harms Act: Navigating digital safety and free speech

LAUREN TAYLOR

CANADA HAS INTRODUCED A BILL KNOWN AS THE ONLINE HARMS ACT TO ADDRESS HATE SPEECH AND HARMFUL CONTENT ON SOCIAL MEDIA PLATFORMS. THIS BILL HAS SPARKED SIGNIFICANT DEBATE CONCERNING THE DELICATE BALANCE BETWEEN ENSURING ONLINE SAFETY AND PROTECTING INDIVIDUAL FREEDOMS.

ON ONE SIDE, THE PROPOSED LEGISLATION’S AIM TO ESTABLISH A DIGITAL SAFETY COMMISSION AND A DIGITAL SAFETY OMBUDSPERSON TO ENFORCE NEW SAFETY MEASURES AND SUPPORT VICTIMS. BY AMENDING THE CRIMINAL CODE AND THE CANADIAN HUMAN RIGHTS ACT, THE BILL SEEKS TO ADDRESS A WIDE RANGE OF ONLINE HARMS, INCLUDING BUT NOT LIMITED TO CHILD SEXUAL VICTIMIZATION, BULLYING, AND HATE SPEECH.

HIGH-PROFILE FIGURES, INCLUDING AUTHOR MARGARET ATWOOD, HAVE VOICED CONCERNS ABOUT THEY CALL THE ORWELLIAN NATURE OF THE BILL, FEARING IT COULD ENABLE FALSE ACCUSATIONS AND INFRINGE ON FREEDOM OF THOUGHT.

THE LEGISLATION PROPOSES LIFE IMPRISONMENT FOR ADVOCATING GENOCIDE AND EMPOWERS THE CANADIAN HUMAN RIGHTS COMMISSION TO ADDRESS ONLINE HATE SPEECH. IT ALSO AIMS TO PROTECT CHILDREN FROM HARMFUL ONLINE CONTENT, WITH NEW BUREAUCRACIES LIKE THE DIGITAL SAFETY COMMISSION BEING ESTABLISHED TO ENFORCE THE FRAMEWORK.

SUPPORTERS ARGUE THAT THE BILL IS NECESSARY TO MAKE ONLINE SPACES SAFER, ESPECIALLY FOR CHILDREN, AND TO REGULATE THE DIGITAL LANDSCAPE SIMILAR TO HOW PHYSICAL PRODUCTS ARE REGULATED FOR SAFETY. HOWEVER, OPPONENTS FEAR IT COULD MISUSE HATE SPEECH DEFINITIONS FOR POLITICAL PURPOSES.