Explanation: Which Platforms Fall Under the New Online Harms Legislation?
The new bill introduced by the Liberal government focuses on addressing “online harms” in various online platforms, including social media, live-streaming websites, and adult content services. It aims to regulate content related to sexual exploitation, bullying, deepfakes, and hateful conduct. The bill, known as Bill C-63, seeks to amend the Canadian Criminal Code and Canadian Human Rights Act.
The legislation targets three categories of online content: social media services, live-streaming websites, and user-generated adult content services. Social media platforms like Facebook, Instagram, TikTok, LinkedIn, and Twitch, as well as adult content websites such as Pornhub and XVideos, fall under the scope of the bill.
The bill specifically excludes private communications, such as emails and direct messages on social media, from its regulations. However, public groups on platforms like Facebook and Telegram, where an unlimited number of people can join, will be subject to the legislation. Private messaging features within regulated services are also exempt from the Act.
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Additionally, the bill empowers the Governor in Council to expand the scope of the legislation to include other social media services that pose a significant risk of harm. The Act imposes three main duties on online services: acting responsibly, removing certain types of content, and protecting children. Non-compliant companies may face penalties of up to 6 percent of their revenues.
