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Canada's 'Online Harms' Bill Would Be an Assault On Free Speech, Civil Liberties Groups Say (torontosun.com) 200

A Toronto Sun columnist writes that two Canadian civil liberties groups are "sounding alarms" about the proposed new Online Harms Act (C-63): The Canadian Civil Liberties Association (CCLA) and the Canadian Constitution Foundation (CCF) say while the proposed legislation contains legitimate measures to protect children from online sexual abuse, cyber-bulling and self-harm, and to combat the spread of so-called "revenge porn," its provisions to prevent the expression of hate are draconian, vaguely worded and an attack on free speech... "[D]on't be fooled," said CCF executive director Joanna Baron. "Most of the bill is aimed at restricting freedom of expression. This heavy-handed bill needs to be severely pared down to comply with the constitution."

Both the CCLA and CCF warn the bill could lead to life imprisonment for someone convicted of "incitement to genocide" — a vague term only broadly defined in the bill — and up to five years in prison for other vaguely defined hate speech crimes. The legislation, for example, defines illegal hate speech as expressing "detestation or vilification of an individual or group of individuals," while legally protected speech, "expresses dislike or disdain, or ... discredits, humiliates, hurts or offends." The problem, critics warn, will be determining in advance which is which, with the inevitable result that people and organizations will self-censor themselves because of fear of being prosecuted criminally, or fined civilly, for what is actually legal speech.

"Both the CCLA and the CCF say the proposed legislation, known as Bill C-63, will require major amendments before becoming law to pass constitutional muster," according to the columnist.

Some specific complains:
  • The CCF argues that the Bill "would allow judges to put prior restraints on people who they believe on reasonable grounds may commit speech crimes in the future."
  • The CCLA adds that the proposed bill also grants authorities "sweeping new search powers of electronic data, with no warrant requirement," according to the Toronto Sun, and also warns about the creation of a government-appointed "digital safety commission" given "vast authority" and "sweeping powers" to "interpret the law, make up new rules, enforce them, and then serve as judge, jury, and executioner."

And in addition, the CCF points out under the proposed rules the Canadian Human Rights Commission "could order fines of up to $50,000, and awards of up to $20,000 paid to complainants, who in some cases would be anonymous."

"Findings would be based on a mere 'balance of probabilities' standard rather than the criminal standard of proof beyond a reasonable doubt... The mere threat of human rights complaints will chill large amounts of protected speech."

Thanks to long-time Slashdot reader sinij for sharing the article.


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Canada's 'Online Harms' Bill Would Be an Assault On Free Speech, Civil Liberties Groups Say

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  • Oops (Score:4, Insightful)

    by Calydor ( 739835 ) on Monday March 11, 2024 @02:43AM (#64305853)

    Kill them all and let God sort them out -> Life in prison.

    I think Trump is an awful, horrible, absolutely atrocious waste of oxygen -> Five years in prison.

    I hate and will never forgive this person who killed my dog. I hope he rots in hell. -> Also five years in prison.

    Hot damn, that law is a mess. What were those terrible politicians thinking when they wrote it?! -> Whaddya know, also five years in prison.

    • Re: Oops (Score:5, Insightful)

      by guruevi ( 827432 ) on Monday March 11, 2024 @03:06AM (#64305869)

      Trudeau was thinking exactly that. Criticize me, 5 years prison.

      • Re: Oops (Score:5, Insightful)

        by geekmux ( 1040042 ) on Monday March 11, 2024 @04:06AM (#64305917)

        Trudeau was thinking exactly that. Criticize me, 5 years prison.

        Trudeau is thinking vote against me, 5 years in prison.

        Stop thinking so shallow and innocent. These damn laws are not a joke, and not intended to be lightly abused.

        • by johnnys ( 592333 )

          "not intended to be lightly abused."

          So? just because it is not intended to be abused doesn't mean it won't be abused. See: https://en.wikipedia.org/wiki/... [wikipedia.org]

          Consider the utter corruption and venality in the Trudeau (and Trump) political machine(s): Do you really think they will not such power for personal motives?

      • Re: Oops (Score:4, Insightful)

        by Anonymous Coward on Monday March 11, 2024 @04:40AM (#64305973)

        Trudeau was thinking exactly that. Criticize me, 5 years prison.

        Who the heck modded that post down? It's the plain truth, Trudeau said he only meets with protester agreeing with him! Also, it's Trudeau bringing us that censorship bill. He also blocks bank account ("de-banking" https://en.wikipedia.org/wiki/... [wikipedia.org]) of people giving money on-line to protester movements he doesn't like and got shit for that from the courts! Hopefully, that bill will ultimately be declared illegal as well.

        • by XXongo ( 3986865 )

          Trudeau was thinking exactly that. Criticize me, 5 years prison.

          Who the heck modded that post down? It's the plain truth,

          Nobody. It was moderated +5 insightful.

          The question of interest is, why did you post "who modded that post down" on a post that nobody had modded down? Do you just preemptively attack moderators that you conjecture might at some later point mod the post down?

          • by Calydor ( 739835 )

            Very early in the discussion the moderation went negative, then shot up as more people started voting.

          • If you look at the the details, it got hit with a "troll" mod that was overcome by up-votes.
      • I love how many people who don’t live in Canada hate Trudeau. He’s so terrible and yet a new election has never been called.

    • Re:Oops (Score:4, Funny)

      by Applehu Akbar ( 2968043 ) on Monday March 11, 2024 @07:39AM (#64306169)

      So where will all those people who were planning to flee north to escape Trump go now? Venezuela? Palestine? Somalia?

      • That's all that's left to them. We all know most self respecting Americans would never go to Europe because #whateverjustnotsocialism

      • So where will all those people who were planning to flee north to escape Trump go now? Venezuela? Palestine? Somalia?

        Hell, we should just invade and take over Mexico.

        I mean, we have the people now, we might as well get the land that goes with them too...

    • by Tom ( 822 )

      These are the somewhat easy cases. They aren't even the problem. The problem appears when you post "but the native Americans were here first" and it gets rated as hate-speech, or when you post something about China and the big platforms censor you because they want to keep their business there. And once the law has given them a hammer, they'll use it in ways never intended.

  • by Canberra1 ( 3475749 ) on Monday March 11, 2024 @02:48AM (#64305859)
    But words will never hurt me. Never harm free speech. Even in the US, the mob will carry out mob justice on some, but rarely cowardly woke 'justice'. Anything short of a riot is just free speech. Forget hurt feelings - life is always a struggle. People passing such laws are no good bums, complete criminal garbage fixated on word salad. The bible says turn the other cheek. no laws needed.
    • by Ichijo ( 607641 )

      Doxxing, swatting, and blackmail will never hurt you? These are all examples of speech.

  • by iAmWaySmarterThanYou ( 10095012 ) on Monday March 11, 2024 @04:02AM (#64305915)

    Dumbasses, we already had a movie years ago telling us exactly why this is a horrible idea.

    They should have just gone full Orwell, grab anyone with Bad Think brainwash them into loving Trude-- I mean Big Brother and then shoot them in the head.

    This whole prison and trials thing is a waste of resources.

    • This whole prison and trials thing is a massive revenue machine for government and law.

      Fixed that for you. Really don’t have a clue as to the motivation besides mass censorship, do you? C’mon..

  • Figures (Score:3, Funny)

    by Lobotomy656 ( 7554372 ) on Monday March 11, 2024 @05:01AM (#64306015)
    It's exactly what I would expect from Fidel Castros son.
  • Or maybe cycle through some of those old nukes.

  • chilling effect (Score:4, Insightful)

    by nicubunu ( 242346 ) on Monday March 11, 2024 @06:51AM (#64306109) Homepage

    The legislation, for example, defines illegal hate speech as expressing "detestation or vilification of an individual or group of individuals," while legally protected speech, "expresses dislike or disdain, or ... discredits, humiliates, hurts or offends." The problem, critics warn, will be determining in advance which is which, with the inevitable result that people and organizations will self-censor themselves because of fear of being prosecuted criminally, or fined civilly, for what is actually legal speech.

    That's how it is done: on one hand big punishment, vague definition on what is punishable and hope everybody will self-censor. If someone won't self-censor, sue and send them before a hostile judge.

    • Absolutely. That is not "a problem", that is its purpose. They've floated similar ideas in the EU with regards to free speech, and it is the same approach they have taking with banks being tasked to police illicit transactions.
  • Canadians do not have freedom of speech protections like the First Amendment of US Constitution offers US citizens. Canadian government can and does impose restrictions on speech by declaring ever-increasing list of issues to be 'hate speech'. At this point it is well past 'advocating for genocide' and into criminalizing speech only slightly outside Overton window [wikipedia.org] and Liberals (party in power) do use that to go after critics like Jordan Peterson. Lack of constitutional protections is why Trudeau government
    • by sinij ( 911942 )
      Now, before anyone says that these dangers are just hypothetical. Under existing regime (Bill C-16) serial grifter Jessica Yaniv [www.cbc.ca] was extorting minority-owned beauty salons. The only reason Yaniv failed is that this was so blatant (15 complaints) that it ended up getting a lot of media attention.
    • ... freedom of speech protections ...

      Westminster systems (of law) don't contain constitutional rights and the US-mandated War on Terror made a point of depriving those people of their traditional rights. The Westminster system depends on tradition protecting the people, which a gutless government can, well, gut in the name of 'freedom'.

    • by dskoll ( 99328 )

      False.

      The Canadian Charter of Rights and Freedoms, which is part of our Constitution, reads:

      "2 Everyone has the following fundamental freedoms: [...] (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

      I suspect this bill is unconstitutional. In order to make it stick, the government would probably have to invoke the infamous "notwithstanding" clause. This has never been done at the federal level, and I doubt it would be done now.

  • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Monday March 11, 2024 @08:09AM (#64306201) Homepage Journal

    And in addition, the CCF points out under the proposed rules the Canadian Human Rights Commission "could order fines of up to $50,000, and awards of up to $20,000 paid to complainants, who in some cases would be anonymous."

    If you cannot face your accuser in court, the entire process is a sham.

    Canada seems to be preparing to wipe its ass with the very idea of human rights, in the name of human rights.

    • by sinij ( 911942 )

      Canada seems to be preparing to wipe its ass with the very idea of human rights, in the name of woke ideology.

      Fixed that for you.

    • Preparing? The government invoked emergency war powers intended for use during the invasion and fall of the country to sent armed cavalry after peaceful civilians who criticised the regime's illegal and unconstitutional actions.

      Canada isn't preparing to do anything. They're already a totalitarian state.

    • In every democracy, liberty and the rule of law ends up under attack from those in and aspiring to power.

      It's not remotely unique to Canada.

    • by MeNeXT ( 200840 )

      And in addition, the CCF points out under the proposed rules the Canadian Human Rights Commission "could order fines of up to $50,000, and awards of up to $20,000 paid to complainants, who in some cases would be anonymous."

      If you cannot face your accuser in court, the entire process is a sham.

      Canada seems to be preparing to wipe its ass with the very idea of human rights, in the name of human rights.

      They already have. It's called "The not withstanding clause" which basically says that you have no rights. It's already in place. Restricting English in Quebec is one example of it being used under the pretext that French will be lost. Imagine one of the most used languages in the world pretending that they are a minority when they in turn try to eliminate the native American languages.

      It's amazing how some define culture. They are completely clueless to the concept. The premier of Quebec even said that "it

  • by Tom ( 822 ) on Monday March 11, 2024 @08:38AM (#64306263) Homepage Journal

    There's no objective need for these laws. 99% of online content is now hosted on maybe one or two dozen platforms, and the various moderators, content managers, admins and such wield the censorship and ban hammers much more aggressively than any sane law would ever request.

    Add to that the fact that ideology drives many of them, and that on some platforms you risk a ban just for saying "I agree" to an unpopular but perfectly legal posting, and the wet dream of censorship is within arm's reach, with or without new laws.

    And also, the usual argument of turning everything toddler-safe just because a toddler may happen to stumble upon it. We don't do that in the real world, because it wouldn't work and it would make everything a complete mess. Why we're trying to do it online is one of the many things that an increase in mental disorders probably explains best.

    Instead of regulating speech between consenting adults, maybe we should make a law requiring a minimum proficiency in communications before someone can be an online moderator? A driving license for people whose actions can affect other people?

  • It is bandied about a bit too much and has lost its original impact. Too many people looking to hype up support for their narrative reached for 'genocide'. What 'genocide' is Canada worried about? Was there some particular incident that I missed?
  • This is what happens with runaway incompetent government. They have no ability to solve real problems and they probably have no desire to solve them because doing so takes away motivation to demand reelection votes. They know most people have a short memory and forget that the people they voted for last time didn't do what they said they were going to do. So they go after low-hanging fruit that reinforces their power knowing that the voters can't do anything to stop it. This kind of bill is particularly egr

  • The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.
    -- H.L. Mencken

    (and this was before "think of the children" became widely used)

  • This bill provides no way to determine Hate Speech from accurate or opinion based speech. This is another example of Canadians loosing ground on free speech, which we don't have, and free expression, which is government controlled. I can make plenty of truthful and hate filled statements, the problem is the truth of a statement has no baring, on the offence someone can, by accident and imagination, take from what you express.

    When it comes to the child protection stuff, it's all smoke and mirrors. The

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