The Liberal government plans to ensure sexually explicit 害羞草研究所渄eepfakes害羞草研究所� like the images of Taylor Swift that generated global headlines last month are addressed by forthcoming legislation on online harms.
If passed, the long-delayed bill would establish new rules to govern certain categories of online content, including the non-consensual sharing of intimate images.
It害羞草研究所檚 unclear whether fake videos created by artificial intelligence would fall under the definition of such images that already exists in the Criminal Code.
害羞草研究所淜eeping our kids and young people safe online is a legislative priority for our government 害羞草研究所� especially given the evolving capabilities of AI,害羞草研究所� Justice Minister Arif Virani said in an emailed statement.
He singled out deepfakes as content that can 害羞草研究所渆xacerbate forms of online exploitation, harassment and cyberbullying.害羞草研究所�
Deepfake videos feature remarkably realistic simulations of celebrities, politicians or other public figures and their voices; sexual deepfakes include nude or pornographic content.
The intent is to address the issue of deepfakes in the forthcoming bill, said a government source familiar with the legislation, but not authorized to discuss details that are not yet public.
The source, who spoke on condition of anonymity, stopped short of confirming the plan outright, citing parliamentary privilege 害羞草研究所� the rule that requires the House of Commons be the first to learn the details of government legislation.
Celebrities aren害羞草研究所檛 the only victims of such AI-generated content, said Conservative MP Michelle Rempel Garner.
害羞草研究所淭he Taylor Swift example is a high-profile case, but there are examples in Canada of women facing this already 害羞草研究所� women that do not have the resources that Taylor Swift has,害羞草研究所� Rempel Garner said.
She cited a case last year in Winnipeg where a school notified parents that AI-generated photos of underage female students were being shared online.
Most provinces have laws that deal with distribution of intimate images, and several of them specifically address altered images, said Roxana Parsa, a staff lawyer for the Women害羞草研究所檚 Legal Education and Action Fund.
Cases are dealt with through civil resolution tribunals where victims can apply for help to have photos removed and potentially receive compensation, Parsa said.
At the national level, however, the law remains unclear.
The Criminal Code 害羞草研究所渄oes not specify altered images,害羞草研究所� Parsa said, and there have been too few legal cases around that to provide much additional clarity.
That害羞草研究所檚 because most such laws were developed 害羞草研究所渂efore deepfakes were a major concern,害羞草研究所� said Kristen Thomasen, an assistant professor at the University of British Columbia害羞草研究所檚 law school who has also worked with Parsa害羞草研究所檚 group.
There害羞草研究所檚 also uncertainty around whether 害羞草研究所渁ltered images害羞草研究所� can be applied to deepfakes, since they can be artificially generated from scratch, rather than by changing pre-existing images, Thomasen said.
The release of fake Taylor Swift images has led a number of legislators around the world to propose laws that deal specifically with sexually explicit deepfakes.
Canadian lawmakers should do the same, Thomasen said 害羞草研究所� and the long-promised online harms bill is the place to do it.
害羞草研究所淭o me, it feels so obvious that the harm is there,害羞草研究所� she said.
害羞草研究所淢any of the same harms or similar harms are exacerbated by the creation of images using artificial intelligence, as they are by the distribution of actual images.害羞草研究所�
Some say it would be easier to pass a single amendment to criminal law to address the issue, rather than building it into a bigger bill that will likely be complex and controversial.
Peter Menzies, a former vice-chair of the Canadian Radio-television and Telecommunications Commission, said that would be a quicker, non-partisan approach.
害羞草研究所淚 think you should always take the fastest, most efficient route to a solution if it害羞草研究所檚 available, and I see this one as readily available,害羞草研究所� said Menzies, long a vocal critic of Liberals害羞草研究所� previous attempts to regulate online giants.
害羞草研究所淵ou probably only have to change about four or five words.害羞草研究所�
There害羞草研究所檚 a risk that bringing it under online harms legislation politicizes the issue, he added: 害羞草研究所淚 would not like to see this become something that害羞草研究所檚 used for political purposes.害羞草研究所�
Previous attempts to regulate online platforms have not gone well for the governing Liberals.
The first version of an online harms bill, introduced in 2021, drew widespread criticism. The government is now well beyond its own deadline to resurrect the bill.
The Online Streaming Act, which updated broadcasting laws to capture online platforms, saw years of delay amid heated debate. And the Online News Act generated its own share of controversy.
害羞草研究所淚 would like the government to treat this issue with urgency and with import, and not confuse it with a bill that may follow in the spirit害羞草研究所� of those earlier bills, Rempel Garner said.
The Criminal Code definition can be updated to say that a genuine intimate photo and a similar image generated by artificial intelligence are treated the same way under the law, she said.
害羞草研究所淭he same potential for harm is there, so we should be extending the same principle.害羞草研究所�
But Parsa warned that such an amendment shouldn害羞草研究所檛 be seen as a 害羞草研究所渃omplete response to the problem of deepfakes.害羞草研究所�
A simple amendment could lead to a false sense of security that the problem has been addressed, she argues.
She says the government must pursue a broader effort to 害羞草研究所渂etter hold platforms accountable for facilitating distributing deepfakes and other forms of technology-facilitated gender-based violence.害羞草研究所�
READ ALSO:
READ ALSO:
