Prime Minister Mark Carney's government has introduced Bill C-34, the Safe Social Media Act, which critics say poses the greatest threat to free expression in decades. While the legislation aims to protect children by banning social media access for those under 16, it also creates a new Digital Safety Commission with sweeping powers to censor content for adult Canadians.
From Child Protection to Widespread Censorship
The Carney government signaled for months that it would pass a law to protect kids from online harms. However, the resulting bill goes far beyond that, establishing mandatory censorship requirements for social media platforms and artificial intelligence systems.
The Digital Safety Commission would enforce "duties to act responsibly" by "mitigating the risk" that Canadians are exposed to "harmful content." This means censoring content through blocking or demotion as the regulator requires.
Free Expression Under Threat
Social media content is protected by the Canadian Charter of Rights and Freedoms, and AI outputs are also considered protected speech. While the government can limit expression if demonstrably justified, some proposed limits are highly subjective.
For example, the duty to act responsibly includes content that "foments hatred." What one person considers hatred may be another's reasoned argument. Social media and AI companies will be forced to err on the side of caution, removing borderline content to avoid fines of up to $10 million or three per cent of global revenues.
Vague Definitions Lead to Over-Censorship
The Supreme Court has defined hatred in criminal law as extreme vilification and detestation, but the "hallmarks of hatred" are fuzzy. They include speech that calls a group "animals" or alleges a group is plotting to destroy Western civilization. Such accusations may sometimes be hateful, but they could also be factual claims that should not be censored.
Under Bill C-34, platforms like X would be required to filter out such accusations, and ChatGPT would need to hide or contradict them. This sanitized version of the internet would prevent Canadians from debating difficult topics and reaching the truth.
The bill does include reasonable provisions, such as requiring the removal of non-consensual intimate images and child abuse content, and blocking AI from encouraging crime or self-harm. However, the broad censorship powers threaten free expression for all Canadians.
