Canada: Published consultation results on proposed online harms regulation

On 3 February 2022, the Canadian Government published a "What we heard" page outlining the submissions to the consultation on its plan to regulate social media and to combat harmful content online. The government acknowledged that respondents recognised the initiative as a priority but major concerns were voiced. The government stated that submissions were mainly supportive of the regime applying to all major platforms, not applying to private and encrypted communications and telecommunications, providing users with easy flagging mechanisms, addressing platform transparency and accountability, creating new regulatory mechanisms for enforcement and protecting Canadians from online violence. Concerns were issued regarding human rights, especially freedom of speech, privacy and the impact on marginalised groups. Specifically, submissions demanded reconsideration regarding the scope, asking which other online services beyond major platforms would be affected as well as which types of content would be concerned, the obligations, asking what content moderation obligations platforms would be held to to remove harmful online content (including proactive monitoring and 24-hour-takedown obligations), oversight, asking how the independence of new regulatory bodies would be ensured, especially given their extended oversight including blocking power and mandatory reporting. The consultation ran from 27 July 2021 to 25 September 2021. The plan consists of both a new legislative and regulatory framework and a modification of the existent framework. In addition to the proposed amendments under Bill C-36, the discussion guide suggests to set out a statutory requirement for respective entities to take necessary measures to make harmful content inaccessible within Canada and to be more transparent in their operations. Further, the regulated entities would have to notify law enforcement and CSIS of specific types of content (Mandatory Reporting Act and CSIS Act). Furthermore, the framework outlines the entities that would be impacted, the type of content to be regulated, and proposes the creation of two new regulatory bodies and an Advisory Board to oversee and enforce the new rules. The Canadian government intends to introduce a bill in the fall of 2021.