Canada's Internet Laws: What You Need To Know

Canada has introduced several laws and bills to address online harms and protect the privacy and safety of its citizens, especially children. The country has recognized the dangers posed by the digital world, such as the sexual exploitation of children, the spread of hate speech, and the distribution of intimate content without consent. To combat these issues, the Canadian government has proposed legislation like the Online Harms Act, which aims to hold online platforms accountable for the content they host and create a safer online environment. Additionally, Canada has federal and provincial privacy laws, such as the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA), that govern how the government and businesses handle personal information. These laws demonstrate Canada's efforts to balance freedom of expression with the need to protect its citizens from online harms.

Online Harms Act

On February 26, 2024, the Government of Canada introduced the Online Harms Act, also known as Bill C-63, to make online platforms responsible for addressing harmful content and creating a safer online environment for all people in Canada, especially children. The Act was introduced in the House of Commons of Canada by Minister of Justice Arif Virani during the first session of the 44th Canadian Parliament.

The Online Harms Act sets out obligations for online platforms, including live-streaming and adult-content services like Facebook, Twitch, and PornHub. These services are currently unregulated and are not transparent about ensuring the safety of their users. The Act requires them to reduce exposure to seven categories of harmful content and be transparent about the steps they are taking to do so. The seven categories of harmful content include:

• Intimate content communicated without consent (including deepfakes)
• Content that sexually victimizes a child or revictimizes a survivor
• Content that induces a child to harm themselves
• Content used to bully a child
• Content that foments hatred
• Content that incites violence
• Content that incites violent extremism or terrorism

The Act establishes a Digital Safety Commission of Canada, a Digital Safety Office, and the role of Digital Safety Ombudsman. The Commission will oversee and enforce the new regulatory framework, while the Ombudsman will act as a resource and advocate for users and victims. The Act also amends the Canadian Human Rights Act (CHRA) to define a new discriminatory practice of communicating hate speech online. It reinstates an improved section 13 to enhance the complaints process and address the communication of hate speech.

The Online Harms Act imposes a duty of care on large social media platforms to take action against "harmful" content. While the Act emphasizes balancing protection with maintaining freedom of expression and addressing privacy concerns, critics argue that it fails to address the practicalities of implementing this balance. The Act also simplifies the mandatory reporting of Internet child pornography legislation, applying it to social media services.

Online privacy

Canada has several laws that relate to online privacy rights. Enforcement of these laws is handled by various government organisations and agencies. The country's two federal privacy laws are enforced by the Office of the Privacy Commissioner of Canada: the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA). The Privacy Act covers how the federal government handles personal information, while PIPEDA covers how businesses handle personal information. The Privacy Act also relates to the government's collection, use, and disclosure of personal information in the course of providing services.

In 2022, the Canadian government introduced the Digital Charter Implementation Act, which includes three proposed acts: the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act. The Consumer Privacy Protection Act will address the needs of Canadians who rely on digital technology and respond to feedback received on previous proposed legislation. The Artificial Intelligence and Data Act will regulate the responsible development of AI in the Canadian marketplace.

In February 2024, the Canadian government introduced the Online Harms Act, which makes online platforms responsible for addressing harmful content and creating a safer online space that protects all people in Canada, especially children. The Act broadly defines "harmful content" as:

• Intimate content communicated without consent (including deepfakes)
• Content that sexually victimizes a child or revictimizes a survivor
• Content that induces a child to harm themselves
• Content used to bully a child
• Content that foments hatred
• Content that incites violence
• Content that incites violent extremism or terrorism

The Online Harms Act imposes a duty on operators of regulated services to adopt measures that are adequate to mitigate the risk that users of their services will be exposed to harmful content online. The Act also requires services to be transparent about the steps they are taking to protect users, especially children and survivors.

Child protection

Canada has introduced several laws and legislative amendments to protect children from online harm and exploitation. Here is an overview of the key measures:

The Online Harms Act

The Online Harms Act, introduced in February 2024, aims to make online platforms accountable for addressing harmful content and creating a safer online environment for all Canadians, especially children. This legislation defines harmful content broadly, including intimate content without consent, child sexual exploitation, content inducing self-harm or bullying, hate speech, and incitement of violence or extremist ideologies. The Act imposes obligations on social media services, live-streaming platforms, and adult content providers to reduce user exposure to such content and enhance transparency about their safety measures. It also simplifies the mandatory reporting of Internet child pornography by service providers, ensuring timely evidence submission to law enforcement.

Amendments to the Canadian Human Rights Act (CHRA)

The CHRA has been amended to address hate speech more effectively. It reinstates and improves Section 13, which aims to prevent and remedy the distribution of hate speech through telecommunications. The amendments also enhance the complaints process and provide remedies for victims of online hate speech.

Peace Bond

The introduction of a peace bond provision allows judges to impose conditions on individuals reasonably suspected of intending to commit hate crimes or propagate hate propaganda. This proactive measure helps protect potential victims, especially children, from the harmful effects of hate speech and discriminatory practices.

Personal Information Protection and Electronic Documents Act (PIPEDA)

While not specific to children, PIPEDA is a comprehensive privacy law in Canada that safeguards the personal information of all individuals, including minors. It ensures that companies collecting personal information, including children's data, adhere to privacy standards and provides a mechanism for individuals to file complaints regarding privacy breaches.

Canada's legislative efforts demonstrate a commitment to protecting children from online harm and ensuring their privacy and well-being in the digital realm. These laws aim to hold online platforms accountable, empower individuals to seek redress, and create a safer online environment for Canadian children.

Hate speech

Canada has introduced the Online Harms Act, which aims to make online platforms responsible for addressing harmful content and creating a safer online environment for all Canadians, especially children. While the Act covers various types of harmful content, hate speech is a significant focus, with the government recognising the need to protect vulnerable groups from its harmful effects.

The Act defines "harmful content" as content that falls under seven categories, including content that foments hatred. This definition of harmful content is broad and captures a wide range of operators, who will need to ensure compliance, transparency, and accountability. The Act also sets out obligations for online platforms, including live-streaming and adult content services, to reduce exposure to harmful content and be transparent about the steps taken to protect users.

The Canadian government has also introduced amendments to the Canadian Human Rights Act (CHRA) to address hate speech specifically. These amendments define a new discriminatory practice of communicating hate speech online and empower individuals and groups to file complaints against those who post hate speech. The Bill defines "hate speech" as content that expresses detestation or vilification of an individual or group based on prohibited grounds of discrimination. This definition is intended to capture only extreme and specific types of expression, leaving most discourse untouched.

In addition to federal laws, three provinces and one territory have created civil sanctions for hate speech and hate publications in their human rights legislation. These claims are addressed through administrative tribunals or civil courts and can result in remedies such as damages or injunctive relief. The federal Criminal Code also addresses hate speech, creating criminal offences for different aspects of hate propaganda, with penalties such as fines, probation, and imprisonment.

Canada's approach to online hate speech aims to balance protective measures with maintaining freedom of expression and addressing privacy concerns. However, critics argue that the practicalities of implementing this balance are not adequately addressed in the legislation.

Social media services

Canada has introduced the Online Harms Act, or Bill C-63, to establish a new responsibility regime for social media operators and direct content distributors. The Act aims to combat harmful content online, including the sexual exploitation and sexualization of children, hate speech, and terrorist propaganda.

Under the Act, social media services are broadly defined as any website or application accessible in Canada that primarily facilitates online communication and content sharing among users. This includes communicative tools such as forums, chatrooms, and bulletin boards, as well as live streaming and adult content services. However, it is important to note that not all social media services are regulated by the Act. The Act only applies when there is a significant bargaining power imbalance, and certain types of messaging services that prioritize private communication are excluded.

The Act imposes heightened responsibility and transparency requirements on social media operators. They are required to take action, protect children, make harmful content inaccessible, and keep necessary records. Social media operators must establish specific measures to reduce the risk of exposure to harmful content, particularly regarding the sexual exploitation of children and the revictimization of survivors. They are also expected to simplify the mandatory notification process and provide additional disclosures in cases of child pornography, with an extended limitation period of five years for prosecuting offences.

To support the implementation of the Act, the Digital Safety Commission of Canada has been established. All operators of social media services must cooperate with the Commission to determine whether their service is regulated. The Act also introduces a system of administrative monetary penalties for social media operators who fail to perform their duties, such as not taking action when required or failing to protect children from harmful content.

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