The Minister of Justice considers legislating on online hatred, but remains evasive

(Ottawa) Justice Minister Arif Virani remains tight-lipped about the federal government’s intentions to appoint a new regulatory body that would hold online platforms accountable for protecting users from harmful content.


Asked about the prospect of a new agency, Mr Virani said the government is looking at the consultations that have taken place so far and how other countries have tackled the issue.

“We are studying what has worked in foreign jurisdictions,” he said.

“We certainly work with different online entities, including online companies,” the minister added, highlighting the recent deal the federal government reached with Google, which will see the tech giant pay up to $100 million. dollars per year to media companies.

This total is approximately $72 million less than the government’s proposed regulations indicated he would initially be owed under the Online Information Actwhich requires tech giants to compensate media outlets for information republished on their platforms.

Faced with having to comply with this controversial law, Google threatened to completely remove Canadian information from its search engine.

Mr Virani’s response follows an open letter from a group of experts, convened by the government last year to advise on a possible new law, urging the government to speed up passage of the bill .

Promises that are slow to come true

Prime Minister Justin Trudeau had promised to introduce legislation to combat harmful content online within 100 days of his re-election in September 2021.

Two years later, the tabling of the law is still pending.

His initial promise to act came even earlier. In 2019, Mr. Trudeau asked his then-Heritage Minister to introduce regulations that would force social media platforms to remove illegal content, such as hate speech or images of abuse, within 24 hours. of children.

Canadian Heritage has been presented with very controversial bills in recent years, notably the Online News Act and the Online streaming lawwhich aim to bring streaming platforms into compliance with broadcasting rules.

It is in this context that the responsibility for tabling a bill on online harms was transferred to the Minister of Justice after a cabinet reshuffle in July.

Those who want an online harms bill acknowledge it could be even more controversial.

A fine line between control and censorship

Experts and others said in this week’s open letter that the legislation must create a regulator with the power to investigate and audit platforms, order corrective action and impose fines.

In 2021, the government published a plan for how it would force social media companies to deal with harmful content on their platforms.

This included hiring a digital safety commissioner who would enforce rules requiring companies to remove child sexual abuse imagery content from terrorist material. Ottawa is also proposing to require companies to remove any reported content within 24 hours of a complaint.

The framework has been heavily criticized for undermining free speech protections contained in the Canadian Charter of Rights and Freedoms.

Academics and other advocates who have weighed in on the measures have also questioned what powers a digital safety commissioner would have and how such a regulator would operate and enforce the rules.

Doing Things Right

Mr. Virani has said in recent weeks that he hopes to introduce a bill soon, but stressed that it is difficult to develop regulations when dealing with social media giants.

On Friday, he said it was vital the government got it right when it came to improving online safety for children and other vulnerable groups.

“We are working on this very diligently in terms of aspects related to the Criminal Code, the Canadian Human Rights Act and how we address issues related to what we see online,” said The Minister.

“Geopolitical conflicts” lead to a rise in online hatred which can then manifest itself in physical violence, he added.

Mr. Virani did not specifically cite the war between Israel and Hamas, although he referenced recent messages from police and leaders of Canada’s Jewish and Muslim communities.

Lianna McDonald, executive director of the Canadian Center for Child Protection, said she is very concerned about the lack of legislation to combat online harm.

She said online platforms need to be more accountable and transparent about the content on their sites, as well as the steps they take to increase child safety.

“These companies, just like we see in the offline world, should be responsible for ensuring that these are safe environments,” Ms.me McDonalds.

She added that she believes reforms will have to be accomplished through regulations and the threat of fines.

“It’s kind of anarchic,” she added. They must be responsible when children use platforms. »

Mme McDonald added that Australia had an online safety commissioner, saying she would support the development of a similar model in Canada.


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