Canada Wants to Regulate Online Content. Critics Say It Goes Too Far.
A bill introduced by the Canadian government to safeguard against online harms has stirred opposition from free speech advocates.
Canada has waded into the contentious issue of regulating online content with a sweeping proposal that would force technology companies to restrict and remove harmful material, especially posts involving children, that appears on their platforms.
While the intent to better monitor online content has drawn widespread support, the bill has faced intense backlash over its attempt to regulate hate speech. Critics say the proposal crosses the line into censorship.
The bill would create a new regulatory agency with the power to issue 24-hour takedown orders to companies for content deemed to be child sexual abuse or intimate photos and videos shared without consent, often referred to as revenge porn.
The agency could also initiate investigations of tech companies and impose hefty, multimillion dollar fines. Companies would have to submit digital safety plans, including design features to shield children from potentially harmful content.
The proposal by the government of Prime Minister Justin Trudeau is meant to address “the anarchy and lawlessness” of the internet, said Arif Virani, the justice minister and attorney general.
“Right now, you can empower your kids until you’re blue in the face about the internet,” Mr. Virani said in an interview. “If there are no rules on the internet, about how things will happen, how platforms will behave, then we’ve got a problem. We’re here to solve that problem.”
But others say parts of the bill, particularly the targeting of hate speech, are so onerous that they would muzzle free expression. The Canadian writer Margaret Atwood called the bill “Orwellian.”
Since 2014, the police in Canada have seen a fourfold increase in reports of child pornography and sexual offenses against children online, according to data published in March by the national census agency.
Canada’s move to regulate tech giants comes amid intensifying concern over the power of social media platforms like Facebook, Instagram, YouTube and TikTok, to disseminate harmful content with few checks.
The European Union, the United Kingdom and Australia have all adopted laws meant to police online content, while the United States is also wrestling with how to address the matter. U.S. lawmakers summoned tech executives in January to a congressional hearing on online child safety.
Meta CEO Mark Zuckerberg departing a Senate Judiciary Committee hearing entitled “Big Tech and the Online Child Sexual Exploitation Crisis,” in Washington in January.Credit...Anna Rose Layden for The New York Times
The bill in Canada is winding its way through Parliament and must be passed by the House of Commons and the Senate before it becomes law. Because Mr. Trudeau’s Liberal Party has an agreement with an opposition party to support government legislation, some version of the proposal is likely to pass.
The comprehensive bill calls for civil and criminal penalties on hate speech, a move that has provoked the strongest opposition.
One provision would, for the first time in Canada, establish hate as a separate crime that would encompass both written and physical acts. Currently, depending on the circumstances, hate can be added as an element to other criminal offenses but cannot be charged as a separate crime. The government argues that making it a separate crime would make it easier to track offenses.
Another measure would allow people to seek the equivalent of a protection order against someone they accuse of targeting them with hate.
The bill would also restore a regulation repealed by Parliament about a decade ago allowing Canadians to file complaints to an existing human rights commission that can ultimately lead to financial penalties of up to 50,000 Canadian dollars against people judged to have committed hate speech.
The Canadian Civil Liberties Association criticized the bill, saying it would lead to “overbroad violations of expressive freedom, privacy, protest rights and liberty,” and would give a new regulatory agency the power to be “judge, jury and executioner.”
The government seems to want to “create a much more sanitized internet and that’s very harmful for free speech because it’s the controversial stuff we need to be able to talk about,’’ said Josh Dehaas, counsel at the Canadian Constitution Foundation, a nonprofit that promotes civil liberties.
Mr. Virani, the justice minister, rejected any suggestion that the government was trying to limit free speech, saying the bill seeks to protect people from hatred.
“Free speech in this country doesn’t include hate speech,” he said.
Some experts and tech companies praised the bill, saying that the stiffest penalties were reserved for the worst forms of content and would not trample on free speech.
Prime Minister Justin Trudeau of Canada. Mr. Trudeau’s Liberal Party has an agreement with an opposition party to support government legislation, making it likely that some version of the proposal will pass.Credit...Chris Wattie/Reuters
“It’s an incredibly thoughtful piece of legislation, if you’re looking at balancing protection from harm and protection of fundamental rights,” said Emily Laidlaw, a professor who focuses on cybersecurity law at the University of Calgary.
As the bill is in the early stages of the legislative process and criticism has been robust, changes are likely to come before a final vote. Government officials said they expected that amendments would need to be negotiated.
The leader of the Conservative Party, Pierre Poilievre, has questioned the need for more bureaucracy, saying online crimes could be dealt with through expanded criminal enforcement.
But some supporters of the bill say it would provide a faster way to tackle crimes on the internet since tech platforms could be ordered to remove content within a day.
Beyond social media sites, the bill would also apply to pornography websites and livestreaming services like Discord. Private message platforms such as Signal would be excluded.
Meta, which owns Facebook and Instagram, said it supported the Canadian government’s goal to protect young people online and wanted to collaborate “with lawmakers and industry peers on our longstanding priority to keep Canadians safe.”
Tech companies have responded to internet safety laws in other countries by saying that their internal tools, like parental controls, are already effective at protecting children, though some experts argue that it is still too easy for minors to bypass safeguards and access inappropriate content.
Meta, which owns Facebook and Instagram, said it supports the Canadian government’s goal to protect young people online.Credit...Jim Wilson/The New York Times
Canada’s proposal has become a target for right-wing and conservative media outlets in the United States, who have seized on the criminal and civil penalties to accuse Mr. Trudeau of trying to suppress political speech.
Some supporters say the bill provides regular online users a way to rein in content that can sometimes have tragic consequences.
Carol Todd, who lives in British Columbia, knows from painful personal experience what it means to confront sexual images of children online.
Her daughter was 15 when she died by suicide after a Dutch man, using some two dozen fake accounts, shared sexual images of her online and demanded money. He was eventually arrested and convicted in 2022 for sexual extortion, and is imprisoned in the Netherlands.
Ms. Todd said it was hard enough finding a place on Facebook to report the images of her daughter. “It was just so much work and it defeated my kid,” she said. (The posts were eventually removed, Ms. Todd said, though Facebook never commented on the case.)
Lianna McDonald, the director of the Canadian Center for Child Protection, said the government’s proposed online regulations could prevent other tragic outcomes.
“We’ve lost too many children,” she said, “and too many families have been devastated by the violence that occurs online.”