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Canada害羞草研究所檚 new online harms bill: what you need to know

5 of the proposed changes aimed at better protecting Canadians 害羞草研究所 particularly youth 害羞草研究所 online
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Prime Minister Justin Trudeau害羞草研究所檚 government has tabled its long awaited legislation to better protect Canadians, and particularly youth, against online harms. The Peace Tower is pictured on Parliament Hill in Ottawa on Tuesday, Jan. 31, 2023. THE CANADIAN PRESS/Sean Kilpatrick

Prime Minister Justin Trudeau害羞草研究所檚 government has tabled its long-awaited legislation to better protect Canadians, and particularly youth, against online harms. Here are five things Bill C-63 proposes to do.

1. Target specific types of harmful content

The government wants to target the non-consensual sharing of intimate images, including deepfakes generated by artificial intelligence and content that 害羞草研究所渟exually victimizes a child or revictimizes a survivor.害羞草研究所 The bill would also cover anything online that is used to bully a child or urge them to commit self-harm.

Content that incites violent extremism or terrorism, along with material that incites violence or stirs hatred, would also be subject to the new law.

There is overlap with five categories of content the government proposed tackling in a 2021 consultation document. One key difference: the earlier plan included provisions around hate speech writ large, whereas the new bill does not.

2. Add fresh responsibilities for online platforms

The bill would usher in new rules for online platforms, one of which is broadly defined as the 害羞草研究所渄uty to act responsibly.害羞草研究所 Companies would be expected to reduce exposure to harmful content by 害羞草研究所渃ontinuously害羞草研究所 assessing risks, developing mitigation strategies and providing tools for users to flag harmful content.

The legislation would also require platforms to publish 害羞草研究所渄igital safety plans害羞草研究所 to outline measures to reduce the risk of exposing users to harmful content and track their effectiveness. Companies would also have to share data with researchers.

The government says the new rules would apply to social media sites, 害羞草研究所渦ser-uploaded adult content害羞草研究所 and 害羞草研究所渓ive streaming services害羞草研究所 with a certain number of users, a threshold that would be spelled out in detail in coming regulations. Cabinet would have the power to target smaller services 害羞草研究所渨hen they pose a significant risk of harm.害羞草研究所

3. Create a new regulator and a new ombudsperson

The government seeks to create a new 害羞草研究所渄igital safety commission害羞草研究所 comprised of five individuals appointed by cabinet. It would have the power to order the removal within 24 hours of images shared without an individual害羞草研究所檚 consent, as well as content that sexually victimizes a child or survivor of abuse.

The commission would be separate from the Canadian Radio-television and Telecommunications Commission, which regulates traditional broadcasters. 害羞草研究所淔rivolous害羞草研究所 complaints would be screened out.

A new 害羞草研究所渋ndependent害羞草研究所 ombudsperson, also appointed by cabinet, would advocate on behalf of users. It would provide information about complaints they wish to file and make recommendations to social media services, the regulator and the government.

4. Strengthen reporting around child pornography

The government also plans to amend a current law that says it is mandatory for internet services to report instances of child sex abuse images on the internet. Changes would apply those rules to social media platforms and 害羞草研究所渃reate authority to centralize mandatory reporting害羞草研究所 of such offences 害羞草研究所渢hrough a designated law enforcement body.害羞草研究所

The amendment would also extend how long such data can be preserved to assist in police investigations. It would also extend to five years the current two-year limitation period for prosecution.

5. Change the Canadian Human Rights Act and add stiffer sentences for hate crimes

The government plans to add online hate speech as a form of discrimination under the law and allow people to file complaints against individuals posting such content to the Canadian Human Rights Commission.

It would also make changes to the Criminal Code, including by increasing the maximum punishment for four hate propaganda offences.

For example, someone found guilty of advocating genocide could face life imprisonment, up from five years in prison.

The government is also looking to create a new hate crime offence that could be applied to every other offence, instead of only listing it as an aggravating factor during sentencing.

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