Peter Menzies: Government displaying indication of pulling back on contentious online harms legislation.

Commentary

The federal government’s efforts to regulate how Canadian citizens communicate on the internet have been awkward and at times heavy-handed. Now, the unveiling of the long-promised Online Harms Act is set to take this regulation to the next level.

The House of Commons was informed on Feb. 23 that the legislation, which has been compared to internet restrictions in countries like Iran, China, and North Korea, will be tabled on Feb. 26. This move comes after promises made in the 2019 and 2021 elections to address online harms.

Initially, the Online Harms Act proposed the creation of an Online Safety Commissioner with extensive powers, including issuing 24-hour takedown orders, imposing fines up to $25 million, and even site-blocking orders. While the primary targets were illegal content like incitement of violence and child pornography, the legislation also delved into regulating misinformation and disinformation, prompting concerns about free speech and user privacy.

Criticism from groups like the Canadian Civil Liberties Association led the government to reconsider the authoritarian nature of the legislation. Recent indications suggest that Prime Minister Trudeau is now emphasizing the protection of children as the primary goal of the Online Harms Act, signaling a shift in focus.

The revised legislation is expected to narrow its scope to address specific issues like child sexual abuse and non-consensual sharing of images, already covered by the Criminal Code. The government is exploring alternative tools like internet literacy programs to combat false and misleading information online.

Efforts by authors like those at the Macdonald-Laurier Institute have proposed a Social Media Responsibility Act, emphasizing the importance of social media companies taking responsibility for regulating online content. Legislation should aim to preserve free speech while ensuring platforms apply their rules objectively.

While there are signs of progress in the government’s revised approach to online harms, skepticism remains about the final outcome. Hopefully, Trudeau’s administration will prioritize sensible and mature thinking to strike a balance between regulation and free expression online.



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