New Online Harms Bill Proposed by Ottawa Raises Standards for Defining Hate Speech
Ottawa states that the revised definitions of hate speech in the new Online Harms Bill would establish a stringent criteria for determining if online content qualifies as hate speech, clarifying that offensive speech or criticisms of the government alone would not meet the standard.
“Hatred would not encompass mere dislike or disdain, or actions that merely offend or humiliate, nor would it encompass political dissent,” a government representative explained during a technical briefing on March 6.
Introduced by the Liberal government on Feb. 26, Bill C-63 aims to decrease Canadians’ exposure to “harmful content” by implementing special protections for children and requiring online platforms like social media companies to be accountable and transparent in reducing exposure to harmful content.
The new legislation also intends to amend the Canadian Human Rights Act to specify that posting “hate speech” online constitutes discrimination. The government representative noted during the technical briefing that this would include speech based on detestation or vilification related to race, religion, sexual orientation, and other categories.
“This would set a high standard for determining whether a hate propaganda offence under the Criminal Code has occurred, or if hate speech has been established under the Canadian Human Rights Act,” the representative stated.
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For instance, the government official highlighted that hate speech under the Canadian Human Rights Act would cover speech that portrays a group as inherently “dangerous or violent,” targeting children, or likening them to animals or pests.
Life Imprisonment
Under the new law, the maximum penalties for hate propaganda offenses in Sections 318 and 319 of the Criminal Code would be increased to life imprisonment from the current five years. The official stressed that the maximum punishment should reflect the gravity of the offense, and emphasized that courts would have the discretion to impose appropriate sentences in all instances.
“Indeed, courts are mandated to issue sentences commensurate with the seriousness of the offense and the level of responsibility of the offender,” the official added. “This is a fundamental sentencing principle, as specified under Section 718.1 of the Criminal Code.”
The CCLA also criticized the re-introduction of speech restrictions within the Canadian Human Rights Act, specifically targeting posting “hate speech” online as discrimination. This provision, previously removed from the Canadian Human Rights Act in 2013 and criticized by free speech advocates for being overly restrictive, has now been reinstated.
During a press briefing on Feb. 26, Justice Minister Arif Virani stated that the legislation focuses on addressing the most concerning online content for Canadians and argued that the bill would promote free expression by enabling all individuals to participate safely in online discussions.
