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Censorship Industrial Complex

Trudeau’s new online censorship law – Problems with Bill C-63 / the Online Arms Law

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4 minute read

From the Canadian Constitution Foundation

Proposed Online Harms Act (Bill C-63) described by the Canadian Constitution Foundation

The Trudeau government has proposed a new law to regulate the internet, and it has major constitutional problems.

The Online Harms Act would limit constitutionally-protected expression in the following ways:

– The Bill would create a new process for individuals and groups to complain to the Canadian Human Rights Commission that online speech directed at them is discriminatory. The tribunal could order fines of up to $50,000, and awards of up to $20,000 paid to complainants, who in some cases would be anonymous. Findings would be based on a mere “balance of probabilities” standard rather than the criminal standard of proof beyond a reasonable doubt.

– The subjectivity of defining “hate speech” will lead to punishments for protected speech. The mere threat of human rights complaints will chill large amounts of protected speech.

– The Bill would increase the maximum sentence for “advocating genocide” from five years in prison to life in prison. That means words alone could lead to life imprisonment.

– The Bill would allow judges to put prior restraints on people who they believe on reasonable grounds may commit speech crimes in the future. The accused would be forced to choose between imprisonment or a “recognizance to keep the peace” that may be accompanied by severe conditions such as giving a bodily sample, refraining from drugs and alcohol, giving up firearms and wearing an ankle monitor.

– The Bill would require social media companies to “minimize the risk that users of the service will be exposed to harmful content” with the threat of massive fines if they don’t properly mitigate the risk. Social media companies will likely err on the side of caution and block large amounts of speech that is close to the legal line.

– The Bill would require social media companies to provide a mechanism for users to flag content that they believe is “harmful content,” which is defined as including speech that “foments hatred.” This will inevitably lead to censorship of legally-protected speech.

– The Bill would require social media companies to report on how they dealt with perfectly legal but otherwise “harmful content” that “the operator had reasonable grounds to believe posed a risk of significant psychological or physical harm.” This appears aimed at encouraging social media companies to censor speech that the government cannot outlaw.

In this episode I mention a tweet thread by my colleague Josh Dehaas. You can read it here:   / 1762510237032951848  

I also mention an op-ed by my colleague Joanna Baron. You can read it here: https://thehub.ca/2024-02-28/joanna-b…

I also talk about two important Supreme Court cases about hate speech. You can read those cases here: https://scc-csc.lexum.com/scc-csc/scc…   https://scc-csc.lexum.com/scc-csc/scc…

Please write to your MP to express your concerns about this law using this online portal we created: https://theccf.ca/fix-c-63/

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Censorship Industrial Complex

Jim Jordan Exposes Biden’s Censorship-Industrial Complex

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From the Daily Caller News Foundation

By TOM HEBERT

 

“Internal talking points prepared by Amazon,” says the report, “included the question: ‘Is the [Biden] Admin asking us to remove books, or are they more concerned about search results/order (or both).’”

High-ranking Biden White House operatives coerced Big Tech companies into censoring posts critical of the Biden administration or those that spread so-called “misinformation” about COVID-19. A blockbuster new report from the House Judiciary Committee, which is chaired by Rep. Jim Jordan, exposes how the Biden administration weaponized Big Tech against conservatives.

“The report,” the committee said when it released it, “details the months-long campaign by the Biden White House to coerce large companies, namely Facebook, Google, and Amazon, to censor books, videos, posts, and other content online. By the end of 2021, Facebook, YouTube, and Amazon changed their content moderation policies in ways that were directly responsive to criticism from the Biden Administration.”

This report is the result of a multi-year investigation by the Judiciary Committee’s Select Subcommittee on the Weaponization of the Federal Government. The evidence, including tens of thousands of emails and other non-public documents, shows a disturbing pattern of Biden officials pressuring Big Tech companies into censoring Americans online.

Shortly after Biden’s inauguration in 2021, then-White House Digital Director Rob Flaherty began haranguing top Facebook officials for more detail on their policies for taking down COVID-19 related posts. “In February 2021,” says the report, “Facebook increased its censorship of anti-vaccine content as well as the lab leak theory of the origin of the virus because of ‘tense conversations with the new [Biden] Administration’ and as part of an effort to be responsive to the Biden White House’s exhortations to ‘do more’ to combat alleged misinformation.”

As 2021 progressed, the White House demanded to know what Facebook was doing to censor “borderline content,” posts that did not violate Facebook’s content moderation policies but were nevertheless objectionable to Biden officials. “Facebook would meet again with the Biden White House on March 12, 2021, to discuss how it was approaching ‘borderline content,’ that is, content that did not violate its policies,” says the report.

“Facebook walked through its policies and enforcement practices for violative and borderline content,” it says. “But call notes reveal that throughout the meeting, Flaherty continued to ask about the removal and reduction of content above all else.”

Unsatisfied with Facebook’s unwillingness to “play ball,” Flaherty and the White House played hard ball. On July 16, 2021, a reporter asked Biden: “On Covid misinformation, what’s your message to platforms like Facebook?” Biden responded: “They’re killing people.”

In response to the intense pressure from the White House, Facebook went on to change their content moderation policies and censored posts about vaccine hesitancy and the lab-leak theory.

Facebook was not the only social media platform that Biden officials pressured. In April 2021, Flaherty reached out to YouTube with a litany of questions about YouTube’s efforts to censor borderline content. “Flaherty’s email was particularly focused on how YouTube handled non-violative ‘borderline’ content,” says the report. “These requests were prefaced by stating the Biden White House wanted ‘to be sure that you have a handle on vaccine hesitancy generally and are working toward making the problem better’ and that this ‘is a concern that is shared at the highest (and I mean highest) level of the [White House].’”

After Flaherty succeeded in making YouTube change its content moderation policies “to remove content that questioned the safety or efficacy of COVID-19 vaccines,” other Biden bureaucrats started to pester YouTube employees to clamp down on other content. In March 2022, according to the committee report, former Biden advisor Tim Wu asked for a meeting with Google employees to discuss “Russian misinformation/disinformation” and “airline competition.”

Another staffer communicated with YouTube about abortion-related content. “On July 14, 2022, YouTube Government Affairs staff contacted White House personnel to brief them on ‘updates related to addressing reproductive health misinformation on YouTube,’ to which White House staff responded, saying that they were ‘specifically interested in abortion,’” said the report.

Biden officials clearly sought to censor content they perceived as politically damaging to Biden.

The report also shows the White House’s obsession suppressing books that they disagreed with. In March 2021, the Biden White House emailed an Amazon executive “asking to have a discussion regarding the ‘high levels of propaganda and misinformation and disinformation at Amazon.’”

“Internal talking points prepared by Amazon,” says the report, “included the question: ‘Is the [Biden] Admin asking us to remove books, or are they more concerned about search results/order (or both).’”

There are two important takeaways from this report.

One, the Biden administration sought to impose a censorship regime through Big Tech to benefit the president politically.

Two, Congress should act to prevent future government-directed censorship of American speech. There are numerous bills that would address this problem. The House passed the “Protecting Speech from Government Interference Act” last year, legislation that would ban bureaucrats from advocating for censorship of viewpoints. The “Free Speech Protection Act” imposes penalties on bureaucrats who censor speech, and the “Censorship Accountability Act” would allow  Americans to sue bureaucrats who violate their First Amendment rights.

The Biden administration has displayed an appalling amount of contempt for American free speech. Exposing Biden’s censorship-industrial complex is an important first step toward ensuring that unelected bureaucrats do not have a veto over what we say online.

Tom Hebert is Director of Competition and Regulatory Policy at Americans for Tax Reform and executive director of the Open Competition Center.

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Censorship Industrial Complex

Quebec court greenlights class action suit against YouTube’s COVID-related content censorship

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From LifeSiteNews

By Didi Rankovic

The lawsuit, led by video blogger Éloïse Boies, argues YouTube violated freedom of expression under the Charter of Human Rights and Freedoms by censoring COVID-related content.

A class action lawsuit against YouTube’s censorship of COVID-era speech on the platform has been allowed to proceed in Canada.

The primary plaintiff in the case which has now been greenlit by the Quebec Superior Court is YouTuber Éloïse Boies, while the filing accuses the Google video platform of censoring information about vaccines, the pandemic, and the virus itself.

A copy of the order can be found HERE.

READ: Elon Musk skewers Trudeau gov’t Online Harms bill as ‘insane’ for targeting speech retroactively

Boies, who runs the “Élo Wants to Know” channel, states in the lawsuit that three of her videos got removed by YouTube (one of the censored videos was about… censorship) for allegedly violating the website’s policies around medical disinformation and contradicting World Health Organization and local health authorities’ COVID narratives of the time.

However, the content creator claims that the decisions represented unlawful and intentional suppression of free expression. In February, Boies revealed that in addition to having videos deleted, the censorship also branded her an “antivaxxer” and a “conspiracy theorist,” causing her to lose contracts.

The filing cites the Charter of Human Rights and Freedoms as the document YouTube violated, while the class-action status of the lawsuit stems from it including any individual or legal entity in Quebec whose videos dealing with COVID got censored, or who were prevented from watching such videos, starting in mid-March 2020 and onward.

Google, on the other hand, argues that it is under no obligation to respect the Charter of Human Rights and Freedoms, and can therefore not be held accountable for decisions to censor content it doesn’t approve of – or as the giant phrased it, provide space for videos “regardless of their content.”

But when Superior Court Judge Lukasz Granosik announced his decision, he noted that freedom of expression “does not only mean freedom of speech, but also freedom of publication and freedom of creation.”

Google was ordered to stop censoring content because it contradicts health authorities, WHO, or governments, pay $1,000 in compensation, and $1,000 in punitive damages to each of the lawsuit’s plaintiffs, as well as “additional compensation provided for by law since the filing of the request for authorization to take collective action, as per the court’s decision.”

As for those who were prevented from accessing content, the decision on damages will be the subject of a future hearing.

Reprinted with permission from Reclaim The Net.

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