The ‘Online Harms’ Act could censor Twitter, Netflix, and us
Mar 11, 2024
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Discussing the implications of the Online Harms Act, concerns about censorship on popular streaming platforms, potential abuse of new penalties and powers, and the impact on freedom of expression in Canada.
The Online Harms Act's broad language risks censoring popular entertainment, not just harmful content.
Bill C-63's provisions against harmful ideas can lead to pre-emptive speech blocks and abuse of power.
Deep dives
The Broad Scope of Bill C-63 and Concerns about Regulating Online Content
Bill C-63 attempts to address a wide range of online issues, from childhood sexual exploitation to hate speech and revenge porn. The bill has sparked concerns about potentially infringing on freedom of expression and the implications of regulating online content. Critics worry about the broad language used in the bill, such as the definitions around revenge porn and hate speech, which may lead to unintended consequences and impact online discourse and speech freedoms.
Challenges with Hate Crime Legislation and Freedom of Expression
The bill includes provisions related to hate crimes with potentially severe penalties, including imprisonment for life, for offenses motivated by hatred. Critics express concerns about the subjective nature of what constitutes hate under these provisions and the impact on freedom of expression. The bill raises worries about potential abuse, self-censorship, and the chilling effect on political commentary and online discourse.
Potential Risks of Section 13 and Human Rights Tribunal Process
Section 13 of the bill allows the Human Rights Tribunal to impose fines based on anonymous complaints related to offensive content. This provision raises fears of misuse for financial gain or to stifle dissenting opinions. The process may lead to individuals being tied up in legal proceedings, impacting their ability to engage in political commentary freely and generating concerns about self-censorship.
Need for Nuanced and Incremental Approach to Address Online Issues
Critics argue for a more nuanced and targeted approach to legislation like Bill C-63 to avoid a one-size-fits-all solution. They highlight the importance of addressing serious online issues incrementally and with careful consideration to protect freedom of expression while combating harmful content effectively. The bill's wide scope and lack of specificity raise questions about its effectiveness and potential unintended consequences.
Beware of governments making laws to “protect the children,” warns Ian Runkle, this week’s guest. The Liberals’ Bill C-63 rules to stop online child exploitation and revenge porn seem well-intentioned. But the Online Harms Act is so broad it could end up censoring popular streaming entertainment, says Runkle, a lawyer specializing in civil liberties and host of YouTube’s Runkle of the Bailey. More worryingly, as Runkle tells Brian, it’s all wrapped up with stiff new penalties and powers against supposedly harmful ideas that are so prone to abuse they can only encourage platforms to pre-emptively block Canadians’ speech — including yours. (Recorded March 6, 2024)