Trudeau’s New Canadian Law Criticized for Being Government Overreach

By: Georgia | Published: Mar 25, 2024

The Trudeau government in Canada has endorsed a law that has sparked significant debate. The Online Harms Act, or Bill C-63, could result in life imprisonment for individuals convicted of speech crimes on social media platforms. 

This legislation is part of a broader effort to create a safer environment online, particularly for young people. Critics, however, argue that it represents government overreach.

Objectives of the Online Harms Act

The primary goal of the Online Harms Act is to mitigate the dangers present on social media, making these platforms safer for youth

Advertisement
A smartphone with a colorful app-filled screen rests on the corner of a laptop keyboard, displaying various social media and communication app icons

Source: Szabo Viktor/Unsplash

The bill, introduced late last month, has been met with mixed reactions. Some view it as a necessary step towards protecting vulnerable populations online, while others see it as an excessive measure that could infringe on free speech.

Severe Penalties for Advocating Genocide

Bill C-63 introduces severe penalties for those found guilty of advocating genocide. Specifically, it would allow judges to impose life sentences on adults convicted of such speech crimes. 

Advertisement
An image of an empty prison cell featuring a set of metal bunk beds with bare mattresses and white pillows

Source: RDNE Stock project/Pexels

This marks a significant escalation from current laws, reflecting the government’s intent to crack down on harmful online behavior.

Preemptive Measures Against Potential Offenders

The legislation also includes provisions that would allow judges to impose house arrest and fines based on the reasonable belief that an individual might commit an offense in the future. 

Advertisement
Close-up of a person's hand holding a smartphone with the Twitter app open, displaying various tweets in the feed. The user's thumb is positioned over the screen

Source: Marten Bjork/Unsplash

This aspect of the bill has drawn comparisons to the concept of pre-crime in the 2002 film “Minority Report,” as noted by Wall Street Journal columnist Michael Taube.

Margaret Atwood's Criticism

Margaret Atwood, renowned author of “The Handmaid’s Tale,” has criticized the bill as “Orwellian.” 

Advertisement
Margaret Atwood speaking into a microphone. She has a focused expression, suggesting she is in the middle of delivering a speech or presentation

Source: Wikimedia Commons

On X, formerly known as Twitter, she stated, “If this account of the bill is true, it’s Lettres de Cachet all over again. The possibilities for revenge false accusations + thoughtcrime stuff are sooo inviting! Trudeau’s Orwellian online harms bill.”

Stephen Moore's Harsh Words

Conservative author Stephen Moore described the legislation as “the most shocking of all the totalitarian, illiberal, and anti-Enlightenment pieces of legislation that have been introduced in the Western world in decades.”

Justin Trudeau is delivering a speech at a podium adorned with a seal. There is a focused expression on his face as he speaks. In the background, another man in a suit stands by a second podium

Source: Wikimedia Commons

His comment underscores the controversy surrounding the bill’s approach to regulating online speech.

Advertisement

Increased Penalties for Hate Speech

The bill seeks to extend the maximum prison term for the willful promotion of hatred from two years to five years on indictment. 

Close-up view of an individual's handcuffed hands resting on a horizontal black metal bar of a jail cell. The wrists are secured by shiny metal handcuffs

Source: freepik

These changes reflect a significant hardening of penalties for online speech crimes.

Advertisement

The Personal Concerns of Justice Minister Arif Virani

Justice Minister Arif Virani, who introduced the bill, expressed his personal concerns as a father about the dangers the internet poses to children.

Arif Virani in a dark pinstripe suit with a blue shirt and yellow tie is speaking at an event. He appears to be a government official, as indicated by a lapel pin with a flag on it. In the background, the flags of Canada and another unidentifiable flag are partially visible

Source: Wikimedia Commons

He argued for the need to regulate online spaces as rigorously as physical products, saying, “laws exist regulating the safety of toys his kids play with, but not the screen that is in our children’s faces.”

Advertisement

Public Opinion on Online Harms Act

Despite the government’s intentions, public opinion on the effectiveness and implications of the Online Harms Act is divided.

A close-up of a smartphone screen displaying an array of colorful social media and communication app icons, including Instagram, Twitter, Facebook, and Spotify. Notification badges indicate unread messages and updates

Source: Sara Kurfeß/Unsplash

Less than half of Canadians believe that the legislation will make social media sites safer. Concerns about the government’s ability to protect free speech while enforcing these new regulations are prevalent.

Advertisement

Survey Results on Hate Speech Penalties

The National Post reports that according to a survey conducted by Leger, while there is support for introducing stiffer sentences for hate speech crimes, skepticism remains about the government’s ability to implement these measures without compromising free speech.

Multiple individuals are engrossed in their smartphones

Source: ROBIN WORRALL/Unsplash

The survey revealed a nuanced perspective among Canadians regarding the balance between safety and freedom of expression.

Advertisement

Requirements for Social Media Companies

Under the new law, social media companies would be required to develop and implement safety plans to mitigate exposure to harmful content. 

A large sign with the infinity-like blue logo of Meta prominently displayed in the center, located at "1 Hacker Way"

Source: Wikimedia Commons

They would also have a 24-hour window to remove certain types of content, such as sexual images shared without consent and child abuse images, once reported.

Advertisement

The Role of the Digital Safety Regulator

A new digital safety regulator would be established to oversee compliance with the Online Harms Act. 

A person seated at a table is holding a smartphone with one hand, scrolling through a screen filled with various application icons

Source: cottonbro studio/Pexels

This body would have the authority to levy substantial fines against platforms that fail to meet the requirements set out in the legislation. This measure aims to ensure that social media companies take active steps to protect users from harmful content.

Advertisement