Where did the idea of banning harassers come from?
Over the past year, four young French people tormented by classmates have committed suicide, although their parents alerted their schools, which remained deaf. At the end of September, France announced around ten measures to combat bullying. Expelling the executioners from social networks and confiscating their smartphones are part of this.
Imposing this type of sanctions has become easier with the entry into force, at the end of August, of the new European regulation on digital services (or DSA, for Digital Services Act). Adopted to make the internet more secure, it applies to major platforms and search engines. “Europe wants to force them to take much more drastic measures against fraud, terrorism or harassment [et la désinformation] », summarizes Mr. Trudel.
“In Europe, contrary to the mentality that prevails here, we do not take for granted that we cannot do anything. »
Under what conditions can you be banned?
Banishment will be reserved for “people found guilty of serious acts at the end of a trial”, specifies Mr. Trudel. A judge may order offenders to temporarily close their Facebook, Snapchat, TikTok, etc. accounts.
Social networks will be prohibited from maintaining (or accepting) the registration of these people. “A company will think twice before contravening a law,” predicts Pierre Trudel. And since Facebook itself censors Canadian media, it would be inappropriate now to say that it is unachievable. »
Is this a realistic sanction?
“It’s really a challenge, but not in itself impossible,” says Mr. Trudel. A banned stalker could create a new profile or hide behind a VPN to try to make themselves invisible on networks. “The authorities must therefore equip themselves accordingly. This requires much more solid monitoring mechanisms than those we have now, otherwise, it will be a purely symbolic law, which will be ridiculed because people will circumvent it. The more we want to improve the capacity to fight against certain scourges, the more resources we must put into it. »
In 2018, Europe passed another groundbreaking law to protect personal data in the digital space. “Even Ireland, where many of the European headquarters of web giants are located, has imposed fairly significant fines on them,” reports Mr. Trudel. This law is far from being symbolic, it has become the global standard. It has made some small ones, including in Quebec with Bill 25.”
In Quebec, can we also ban harassers from the internet?
“Since this type of sanctions represents a deprivation important freedom, which could be contested, our courts only impose them for extremely serious offenses,” replies Pierre Trudel.
Quebecers convicted of child pornography cases are often prohibited from being active on the Internet or using a computer, he illustrates. “In a case of harassment between young people, with sharing intimate images of minors, I imagine that could also be obtained.
“French law extends this possibility to criminal acts that are just as damaging, but considered less serious, including harassment. »
Should we therefore imitate Europe?
“If we could write down these sanctions possibilities in Canadian laws, it could be even more dissuasive,” says Mr. Trudel.
“In Canada, a lot of people cry censorship as soon as we talk about taking action on the internet. But if the laws are well designed and target serious situations, we might think that it would pass the test of reasonableness.
“It is better to act in consultation with other countries, to connect national legislation to each other, than to try to imagine completely different solutions. The big internet players have no choice but to comply when they have almost no jurisdictions to go to. »
In what other ways are Europeans better protected?
“Since social networks receive reports every second and cannot evaluate, one by one, millions of complaints, the courts are hesitant to impose on them the obligation to know that content was illegal, unless it is obvious », remarks Mr. Trudel.
Europe has found an original solution by requiring major web players to analyze and reduce the risks to which they expose all of their users, including violence, hatred and disinformation. “Companies must look at whether their algorithms are likely to accentuate or worsen unhealthy practices, otherwise, they could be held responsible. »
The new European regulation also imposes more transparency and prohibits certain targeted advertisements, such as those aimed at children.
Companies that flout the new rules could face fines of up to 6% of their global turnover. And be banned from the European market in the event of serious and repeated violations.