Canada's Liberal govt proposes Online Harms Act: $70k fine for hate speech, life imprisonment for hate crimes

In a decisive move aimed at curbing the proliferation of online hate, Canada's Liberal government has unveiled a comprehensive plan that includes imposing significant fines for online speech and imposing stringent punishments, including the possibility of life imprisonment for hate crimes. The cornerstone of this ambitious initiative is the proposed Online Harms Act, the details of which were revealed during a technical briefing provided to reporters on Monday. This legislative proposal aims to address various forms of harmful content circulating on digital platforms.

Among the categories of harmful content identified in the act are materials that incite violent extremism or terrorism, promote violence, or foster hatred. The government's intention is clear: to create a safer online environment by targeting content that poses a threat to social cohesion and individual safety.

The Online Harms Act, also referred to as Bill C-63, represents a significant step forward in Canada's efforts to combat online hate and protect its citizens from the pernicious effects of harmful digital content. The bill includes amendments to the Criminal Code designed to enhance the country's ability to address hate crimes effectively.

One notable aspect of these amendments is the introduction of a standalone hate crime offense applicable across all criminal offenses. This means that individuals found guilty of committing hate-motivated crimes could face penalties extending up to life imprisonment, underlining the seriousness with which the Canadian government views such offenses.

Furthermore, the proposed amendments seek to increase the maximum punishments for existing hate propaganda offenses substantially. By strengthening the legal framework surrounding hate crimes and hate speech, Canada aims to send a clear message that such behavior will not be tolerated within its borders.

“New standalone hate crime offence that would apply to every offence in the Criminal Code and in any other Act of Parliament, allowing penalties up to life imprisonment to denounce and deter this hateful conduct as a crime in itself,” the technical briefing said.

The bill would also raise “the maximum punishments for the four hate propaganda offences from 5 years to life imprisonment for advocating genocide and from 2 years to 5 years for the others when persecuted by way of indictment.”

Additionally, the bill proposes to incorporate a definition of "hatred" into the Criminal Code, drawing from previous rulings by the Supreme Court of Canada.

The text of the bill defines “content that foments hatred” as any content “content that expresses detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination, within the meaning of the Canadian Human Rights Act, and that, given the context in which it is communicated, is likely to foment detestation or vilification of an individual or group of individuals on the basis of such a prohibited ground.‍”

“For greater certainty and for the purposes of the definition content that foments hatred, content does not express detestation or vilification solely because it expresses disdain or dislike or it discredits, humiliates, hurts or offends,” the government added.

Furthermore, private messaging and communications platforms such as WhatsApp and others are exempted from the provisions of the legislation.

Moreover, individuals will have the ability to lodge complaints against others for "posting hate speech online" that discriminates against protected categories like gender, race, disability, among others.

Amendments to the Canadian Human Rights Act will enable individuals to file complaints against individuals posting alleged hate speech with the Canadian Human Rights Commission. If deemed guilty, the Canadian Human Rights Tribunal may issue fines up to $70,000 and issue takedown orders for content that violates the government's definition of hatred.

As per the bill's text, the Tribunal is authorized to mandate payments of up to $20,000 for victims of purported online hate, along with an additional order for individuals to pay the government $50,000 "if the member panel considers it appropriate."

In 2014, a comparable provision within the Act addressing online hate messages was rescinded by former Prime Minister Stephen Harper following its determination to have infringed upon the freedom of expression rights of Canadians.

The Liberals have committed to reintroducing Section 13, which pertains to the "communication of hate speech" over the internet.

“It is a discriminatory practice to communicate or cause to be communicated hate speech by means of the Internet or any other means of telecommunication in a context in which the hate speech is likely to foment detestation or vilification of an individual or group of individuals based on a prohibited ground of discrimination,” Bill C-63’s text reads.

Furthermore, the Tribunal will possess the authority to conceal the identities of individuals who file complaints against anyone they believe has posted online hate speech. Additionally, it can require individuals facing complaints to refrain from disclosing the identities of those involved upon revelation.

“The Commission may deal with a complaint in relation to a discriminatory practice described in section 13 without disclosing, to the person against whom the complaint was filed or to any other person, the identity of the alleged victim, the individual or group of individuals that has filed the complaint or any individual who has given evidence or assisted the Commission in any way in dealing with the complaint,” Bill C-63 further states.

To reinforce regulations concerning harmful online content, including materials involving child sexual victimization and deepfakes, the government aims to establish a new entity. This organization, comprised of the Digital Safety Commission, the Digital Safety Ombudsperson, and the Digital Safety Office, will be tasked with ensuring adherence to regulations and safeguarding users from online harm.

Simultaneously, the role of the digital safety ombudsperson will encompass advocating for users' rights and interests in the digital sphere, functioning as a watchdog for online safety concerns.

Before the bill's introduction, Conservative leader Pierre Poilievre declared his opposition to the legislation, accusing the government of leveraging the issue to enforce censorship and impede Canadians' freedom of speech.

“We will oppose Justin Trudeau’s latest attack on freedom of expression,” Poilievre responded to a question from True North’s Andrew Lawton last week. “What does Justin Trudeau mean when he says the worst hate speech? He means speech he hates.”