Cabinet Shelves Disinformation Regulation Bill

Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs Dominic LeBlanc speaks to reporters during the Liberal Cabinet retreat in Charlottetown, P.E.I., on Aug. 22, 2023. Darren Calabrese/The Canadian Press

The federal government has decided to not move forward with a bill aimed at regulating information on the internet “to combat serious forms of harmful online content,” acknowledging concerns over its constitutional validity.

Public Safety Minister Dominic LeBlanc, in a recent letter addressed to MPs, expressed the government’s stance to the Commons ethics committee after he said his government did extensive consultations with Canadians and stakeholders, as first covered by Blacklock’s Reporter.

“The Government heard from Canadians and stakeholders that while false and misleading information online can carry significant consequences, creating legislation and policies that restrict or otherwise limit speech based on the veracity of information would undermine freedom of expression to an unacceptable degree,” Mr. LeBlanc wrote.

The decision comes in response to an October recommendation by the Commons ethics committee to hold online platforms accountable for disseminating false or misleading information.

Mr. LeBlanc said that legislation is not the sole approach for the government to address the issue of disinformation. Instead, he highlighted the adequacy of internet literacy programs as an effective measure to combat the spread of false information.

The backdrop of this decision includes the Cabinet’s 2021 proposal for the appointment of a digital safety commissioner, tasked with overseeing content moderation on the internet, who could impose fines of up to $25 million.

This proposal, part of a Technical Paper, faced criticism, particularly from then-Heritage Minister Steven Guilbeault, who advocated for including disparaging posts about government institutions as illegal content. Mr. Guilbeault stressed the importance of protecting public service institutions against attacks aimed at scoring political points.

Despite these discussions, no digital safety bill was introduced, largely due to opposition from the public. A petition against the measure, garnering support from more than 9,000 Canadians, labeled it unconstitutional. A 2022 departmental report titled “What We Heard: The Government’s Proposed Approach to Address Harmful Content” reflected public caution against broadening the scope of harmful content regulation to include speech that, while potentially harmful, remains lawful.

Further research conducted by the Privy Council in 2023 revealed a general opposition among Canadian internet users to the federal regulation of legal content. This research highlighted the importance of enabling Canadians to comment and voice their opinions on policies and initiatives of interest.

Additionally, it found that while concerns over harmful content online are growing, few Canadians currently view it as a major issue, with many believing that harmful content can be avoided through proactive measures like blocking or avoiding certain platforms.

Conservative Party Leader Pierre Poilievre announced on Feb. 21 his party’s intention to oppose an upcoming government bill aimed at tackling “online harms.” He argued that the bill could result in the criminalization of speech disapproved of by the prime minister.

“What does Justin Trudeau mean when he says the word ‘hate speech’? He means speech he hates,” Mr. Poilievre told reporters in Kitchener, Ont.

Prime Minister Justin Trudeau, when questioned by reporters in Edmonton on the future bill, said that its aim is to “protect kids.”

“I look forward to putting forward that online harms bill, which people will see is very, very specifically focused on protecting kids and not on censoring the internet,” he said.