The Democracy Fund (TDF) has warned the public that the proposed Online Harms Act of the Canadian government could "weaponize" the courts and instill fear while doing little to curb social conflict and promote safety online.
In February, Minister of Justice and Attorney General Arif Virani proposed the Online Harms Act, also known as Bill C-63. The bill, which includes amendments to the Criminal Code and the Canadian Human Rights Act, claims to protect children from online sexual abuse, cyberbullying and self-harm.
Bill C-63 seeks to reinstate Section 13 of the Canadian Human Rights Act, a "hate speech" provision abolished in 2013 by former Prime Minister Stephen Harper. The bill would enable the government to target and remove specific online content.
The bill aims to create a Digital Safety Commission, a digital safety ombudsperson and the Digital Safety Office, all tasked with monitoring and regulating internet content.
Additionally, a five-person government-appointed panel would monitor internet platforms and hold "secret commission hearings" against rule-breakers. Under the bill, those who commit hate speech online could face severe penalties, including life imprisonment or fines of up to CA$50,000 ($36,150).
However, in a 26-page legal brief, TDF argued that the proposed bill would grant excessive government power to clamp down on online speech. (Related: Justin Trudeau TERRIFIED of independent media winning information war, calls for aggressive new CENSORSHIP to protect mainstream media propagandists.)
"Historically, the power to censor has been a weapon of authoritarian regimes. This power inevitably expands and eventually eliminates the civic process by which society adapts and progresses," the TDF wrote in the legal brief. "It will not reduce social conflict. On the contrary, it is likely to exacerbate the problem of social conflict, weaponize the courts and the human rights tribunal for political purposes, and introduce fear into the online social environment."
Moreover, TDF stated that "open dialogue and education" are better alternative solutions to address harmful attitudes rather than censorship.
Moore: Trudeau's Online Harms Act threatens free speech
In February, Marty Moore, a litigation director for Charter Advocates Canada, which is funded by the Justice Center for Constitutional Freedoms, also warned the public that this might also "open doors for government regulation to target undefined psychological harm."
"The use of the term 'safety' is misleading, when the government, through Bill C-63, is clearly seeking to censor expression simply based on its content and not on its actual effect," he said.
Moreover, Moore warned that the new bill would give the Digital Safety Commission extensive powers, including regulating any social media service, regardless of size. According to Moore, the bill could enable the commission to obtain secret warrants, enter homes and impose large fines. He also warned that the bill could pressure social media platforms to impose excessive censorship requirements.
Additionally, he raised concerns about the bill allowing "secret hearings," which could potentially turn the commission into an "order of the Federal Court," with the power to enforce fines and imprisonment for contempt.
"While people cannot be imprisoned under section 124 of Bill C-63 for refusing to pay a commission-imposed fine, it is possible that having a commission order reissued by the federal court could result in imprisonment of a person for refusing to impose government censorship on their social media service," he said.
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