The Canadian Civil Liberties Association (CCLA) says it has several free speech and privacy concerns with the recently-introduced Online Harms Act, and that it is urging “substantial” amendments.
Bill C-63, introduced by the Liberal government on Feb. 26, seeks to reduce Canadians’ exposure to “harmful content,” establishing special protections for children, and making online services like social media companies “accountable for and transparent about how they are reducing exposure to harmful content.”
The bill would create a new Digital Safety Commission, which will enforce rules holding companies accountable for content posted on their websites and order the removal of content that sexually victimizes a child, revictimizes a survivor, or shows intimate content without consent.
Sweeping New Powers
Mr. Mendelsohn Aviv said the CCLA believes Bill C-63 needs to be examined in “greater detail,” as the organization’s preliminary reading of it raised several concerns. He said the Digital Safety Commission, which would be made up of government appointees, would be given the authority to “interpret the law, make up new rules, enforce them, and then serve as judge, jury, and executioner.”Mr. Mendelsohn Aviv also pointed out that the legislation included “sweeping” new search powers of electronic data without a requirement for a warrant. He said this poses a threat to privacy rights and could result in “unacceptable intrusions” into Canadians’ digital lives.
Mr. Mendelsohn Aviv also cited free speech concerns with Bill C-63’s “draconian” penalties for broad and unclearly defined offences like “incitement to genocide” and “offence motivated by hatred.” He said these offences could chill free speech and undermine the principles of proportionality and fairness in Canada’s justice system.
Bill C-63 also re-introduces a speech restriction within the Canadian Human Rights Act specifying that posting “hate speech” online is discrimination, which CCLA has previously opposed. That provision, which was criticized by free-speech advocates for being overly restrictive, was previously removed from the Canadian Human Rights Act in 2013
Mr. Mendelsohn Aviv said the reintroduction of that provision has the potential to censor strong opposition to political authorities and limit debate on controversial issues. He added that the provision would likely result in numerous complaints to the Canadian Human Rights Commission, which would put pressure on the already resource-strapped organization and “limit access to justice for those facing discrimination in employment, services, and other contexts.”
“We urge Parliament to amend Bill C-63 to ensure that any legislation aimed at curbing online harms upholds the fundamental principles guaranteed by our Charter of Rights and Freedoms,” Mr. Mendelsohn Aviv said.
