On February 26, Canada introduced new legislation with the unveiling of Bill C-63, designed to establish the Online Harms Act (OHA) and amend existing statutes, including the Criminal Code and the Canadian Human Rights Act.

This legislation marks Canada’s entry into the evolving global conversation on regulating social media and adult platforms to protect users from a spectrum of online harms.

Although it doesn’t specifically state it’s an age verification bill, it does appear to be just that, at least when it comes to adult websites, along with plans to attempt to regulate social media sites.

The OHA sets forth an innovative legal framework aimed at imposing comprehensive duties on social media platforms. These duties include acting responsibly to mitigate users’ exposure to harmful content, protecting children through the integration of child-friendly design features, and making explicit materials such as non-consensually distributed intimate images (NCDII) and child sexual abuse material (CSAM) inaccessible within a swift 24-hour window.

The establishment of the Digital Safety Commission, along with a supporting Digital Safety Ombudsperson and Office, underscores Canada’s commitment to enforcing the Act’s provisions rigorously. This multi-tiered administrative structure is poised to advocate for social media users’ interests and uphold public safety in the digital sphere.

Key highlights of the legislation cover the regulation of social media services, adult content platforms, and live streaming services, with platforms like Facebook, Pornhub, and Twitch specifically mentioned as falling within the Act’s scope. The legislation, however, stipulates that precise applications of the OHA will await further clarification through forthcoming regulations, particularly regarding platform user numbers and the risk level of accessing harmful content.

The Act’s three core duties—acting responsibly, protecting children, and making harmful materials inaccessible—form the bedrock of Canada’s strategy to combat online harms. Platforms are required to implement a variety of measures, from publishing user guidelines and providing blocking tools to preparing digital safety plans and ensuring resources are available to assist users.

Notably, the OHA emphasizes the protection of children by mandating platforms to incorporate child-specific design features and imposes stringent take-down obligations for platforms that encounter CSAM or NCDII. These obligations are coupled with due process requirements, ensuring a balanced approach to content moderation and user rights.

Furthermore, the legislation introduces significant amendments to the Criminal Code, offering a new definition of “hatred” and establishing a hate crime of “offence motivated by hatred” with severe penalties. It also enhances the Canadian Human Rights Act by designating the “communication of hate speech” via the Internet or other telecommunications as a discriminatory practice, equipping individuals with the means to lodge complaints and seek redress.

Bill C-63’s cost recovery provisions, which recover expenses incurred by the Digital Safety Commission from regulated platforms, indicate a practical approach to funding the enforcement of the Act. Additionally, the proposed amendments clarify mandatory reporting requirements for Internet services regarding child pornography, emphasizing a robust notification process and data preservation obligations.