The Liberal government’s newly tabled Online Harms Act includes a requirement for creation of a new regulator to hold online platforms accountable for content deemed harmful.
According to a technical briefing released by the Department of Justice on Feb. 26, Bill C-63 will reduce Canadians’ exposure to “harmful content,” establish special protections for children, and make online services like social media companies “accountable for and transparent about how they are reducing exposure to harmful content.”
A Digital Safety Commission will be created, to be made up of five members appointed by the Governor in Council acting on advice given by the federal cabinet. Its members will enforce rules holding companies accountable and order the removal of content that sexually victimizes a child, revictimizes a survivor, or shows intimate content without consent. The new legislation will force companies to “expeditiously” remove related content.
Users will be able to flag content directly or file complaints with the Digital Safety Commission. Both routes will result in the content being removed within 24 hours, according to the briefing.
In addition, a new Digital Safety Ombudsperson will support and advocate for online users, guide them toward additional resources, provide information on options for complaints, and gather info from and consult with users and victims. The ombudsperson would also provide recommendations to online companies, the commission, and the federal government.
A government official speaking to media about the new digital commission would not disclose its operating budget but said some funding would come from online services being regulated.
The legislation includes several Criminal Code of Canada amendments to better address and denounce hate crimes. A new standalone hate crime offence would apply to every offence already in the Criminal Code and provide for penalties of up to life imprisonment.
Bill C-63 identifies seven categories of harmful online content. Four relate to hate propaganda offences—advocating genocide, public incitement of hatred, wilful promotion of hatred, and mischief motivated by hate in relation to religious property.
The legislation would increase the maximum punishments on the Criminal Code’s existing hate propaganda Sections 318 and 319 to life imprisonment for advocating genocide, up from the current 5 years. The term would rise to five years from the existing two for the other categories when prosecuted by way of indictment.
The legislation would also raise the maximum punishments for the four hate propaganda offences.
The briefing says a new “peace bond” is designed to prevent hate propaganda offences and hate crimes, and a definition of “hatred” would be added to the Criminal Code based on Supreme Court of Canada decisions.
