Government Of Canada Introduces Online Harms Act That Targets Harmful Social Media Content

On February 26, 2024, the Government of Canada introduced Bill C-63, the Online Harms Act (Bill C-63). Bill C-63 aims to hold social media platforms accountable for harmful content hosted on their platforms and create stronger online protections for everyone in Canada, especially children.

In introducing Bill C-63, the Government of Canada notes that the digital world may pose significant risks, such as being a means to incite violence, sexually exploit children, or promote self-harm. Bill C-63 is intended to mitigate these risks by introducing a baseline standard for online platforms to hold them accountable for hosted content. Bill C-63 targets the following types of harmful content:

1. Content that sexually victimizes a child or revictimizes a survivor;
2. Intimate content communicated without consent;
3. Content used to bully a child;
4. Content that induces a child to harm themselves;
5. Content that foments hatred;
6. Content that incites violence; and
7. Content that incites violent extremism or terrorism.

Further, under Bill C-63, social media services, including livestreaming and user-uploaded adult content services, would be subject to (i) a duty to act responsibly; (ii) a duty to protect children; and (iii) a duty to make certain content inaccessible when it sexually victimizes a child or revictimizes a survivor, or relates to intimate images posted without consent. These duties will require social media services to take active steps, including, among other things, implementing special protections for children and publishing transparency reports.

The Government of Canada emphasizes that Bill C-63 is an essential step forward in ensuring the safety and wellbeing of Canadians on social media platforms. Bill C-63 is currently in its second reading in the House of Commons and the full text can be found here.

Summary By: Victoria Di Felice