New Online Harms Bill C-63 In Canada

Last Updated On 8 May 2024, 9:42 PM EDT (Toronto Time)

New Online Harms Bill C-63 in Canada: On February 26, the federal government introduced Bill C-63, a new bill designed to safeguard children and prosecute hate crimes.

The bill requires online platforms to remove child pornography and other dangerous content within 24 hours.

The measure would also establish a new freestanding hate crime, which could be applied to any offence under the Criminal Code where the underlying reason was hatred.

It would also increase the penalty for hate-propaganda crimes from five years to life imprisonment for supporting genocide.

Furthermore, the measure would alter the Canadian Human Rights Act to state that posting hate speech online is discriminatory and provide people with the option of filing a complaint with the Canadian Human Rights Commission.

From time to time, we keep bringing forward important Canada news and updates that new immigrants as well as the existing immigrant community must know.

5 Important Things to Know About Canada’s New Online Harms Bill C-63

1. Identify specific sorts of dangerous information

The government intends to target the non-consensual sharing of intimate photos, such as deepfakes created by artificial intelligence and anything that “sexually victimizes a child or revictimizes a survivor.”

The bill would also include anything used online to bully a youngster or encourage them to harm themselves.

The proposed law would also apply to anything that promotes violent extremism or terrorism, as well as material that incites violence or hatred.

There is overlap with the five types of material that the government proposed addressing in a 2021 consultation document.

One significant difference is that the previous proposal included broad restrictions prohibiting hate speech, whereas the new measure does not.

2. Create new obligations for online platforms

The measure would establish new regulations for internet platforms, one of which is widely defined as the “duty to act responsibly.”

Companies will be obliged to decrease their exposure to harmful content by “continuously” analyzing risks, adopting mitigation methods, and offering means for users to report harmful information.

The legislation would also force platforms to submit “digital safety plans,” outlining methods to decrease the risk of users being exposed to hazardous content and tracking their success.

Companies would also need to share data with researchers.

According to the government, the new laws would apply to social media sites, “user-uploaded adult content,” and “live streaming services” with a particular number of users, a threshold that will be detailed in future legislation.

The Cabinet would have the authority to target smaller services “when they pose a significant risk of harm.”

3. Establish a new regulator and ombudsman

The administration plans to establish a new “digital safety commission” made up of five cabinet-appointed members.

It would be able to order the removal of pictures posted without an individual’s consent, as well as anything that sexually exploits a kid or abuses a survivor, within 24 hours.

The commission would be distinct from the Canadian Radio-television and Telecommunications Commission, which oversees traditional broadcasters. “Frivolous” complaints would be filtered away.

The cabinet would nominate a new, “independent,” ombudsperson to represent users.

It would provide information about any complaints people wanted to register and make recommendations to social media services, the regulator, and the government.

4. Strengthen reporting on child pornography

The government also intends to change current legislation that requires internet service providers to report cases of child sex abuse photos on the internet.

Changes would extend similar regulations to social media platforms and “create authority to centralize mandatory reporting” of such violations “through a designated law enforcement body.”

The legislation would also lengthen the time such data can be kept to aid police investigations.

It would also extend the present two-year statute of limitations for prosecution to five years.

5. Change the Canadian Human Rights Act to include harsher penalties for hate crimes

The government intends to include online hate speech as a form of discrimination in the legislation, allowing citizens to file complaints with the Canadian Human Rights Commission about people who publish such content.

It will also amend the Criminal Code, including increasing the maximum penalty for four hate propaganda violations.

For example, someone found guilty of promoting genocide could face life in jail instead of five years.

The government also intends to develop a new hate crime offence that could be applied to any other offence rather than only as an aggravating factor during punishment.

What is the new Canada Online Harms Bill C-63?

Bill C-63 requires major social media companies to remove content that falls under seven categories:

1. content that sexually victimizes children or revictimizes survivors
2. content that promotes violent extremism or terrorism
3. stuff that encourages violence
4. content that promotes hatred
5. content used to bully a child.
6. intimate content transmitted without consent, such as revenge porn
7. content that encourages children to harm themselves.

The content would need to be removed within 24 hours.

The law will also establish a new hate-crime charge with a possible punishment of life imprisonment.

Victims of hate speech could be awarded up to $20,000 in compensation.

Which online platforms are included in Bill C63?

The measure addresses social media, pornographic sites where users upload videos of themselves, and live-streaming services that have a user threshold.

The measure specifically excludes private and encrypted chat networks.

The measure will force social media platforms to include mechanisms for flagging content and blocking users, as well as establishing a point of contact for user concerns.

Platforms such as Twitter and Facebook would be required to report child pornography to assist law enforcement.

Online platforms would also have a general obligation to act responsibly, render some types of content inaccessible, and protect children.

Platforms that fail to comply might face fines of up to $10 million, while those that continue to disregard calls to comply could face penalties of up to $25 million.

“I am the parent of two young boys. I will do whatever I can to ensure their digital world is as safe as the neighbourhood we live in. Children are vulnerable online. They need to be protected from online sexual exploitation, hate and cyberbullying. Now more than ever, especially given the evolving capabilities of AI, online platforms must take responsibility for addressing harmful content and creating a digital world where everyone can participate safely and freely. This legislation does just that.”
— The Hon. Arif Virani, Minister of Justice and Attorney General of Canada

Click here for full details on New Canada Online Harms Bill C63.

Satinder Bains

Satinder brings expertise, knowledge, and experience related to internal work flows at IRCC. She worked at Canadian Consulate in Chandigarh before moving to Canada. Her articles on “Chinook – An internal IRCC tool used to bulk process temporary applications” was one of the notable work on our news website