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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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Telegram founder Pavel Durov exposes crackdown on digital privacy in Tucker Carlson interview

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From LifeSiteNews

By Robert Jones

Durov, who was detained in France in 2024, believes governments are seeking to dismantle personal freedoms.

Tucker Carlson has interviewed Telegram founder Pavel Durov, who remains under judicial restrictions in France nearly a year after a surprise arrest  left him in solitary confinement for four days — without contact with his family, legal clarity, or access to his phone.

Durov, a Russian-born tech executive now based in Dubai, had arrived in Paris for a short tourist visit. Upon landing, he was arrested and accused of complicity in crimes committed by Telegram users — despite no evidence of personal wrongdoing and no prior contact from French authorities on the matter.

In the interview, Durov said Telegram has always complied with valid legal requests for IP addresses and other data, but that France never submitted any such requests — unlike other EU states.

Telegram has surpassed a billion users and over $500 million in profit without selling user data, and has notably refused to create government “backdoors” to its encryption. That refusal, Durov believes, may have triggered the incident.

READ: Arrest of Telegram founder Pavel Durov signals an increasing threat to digital freedom

French prosecutors issued public statements, an unusual move, at the time of his arrest, fueling speculation that the move was meant to send a message.

At present, Durov remains under “judicial supervision,” which limits his movement and business operations.

Carlson noted the irony of Durov’s situating by calling to mind that he was not arrested by Russian President Vladimir Putin but rather a Western democracy.

Former President of Russia Dmitry Medvedev has said that Durov should have stayed in Russia, and that he was mistaken in thinking that he would not have to cooperate with foreign security services.

“In the US,” he commented, “you have a process that allows the government to actually force any engineer in any tech company to implement a backdoor and not tell anyone about it.”

READ: Does anyone believe Emmanuel Macron’s claim that Pavel Durov’s arrest was not political?

Durov also pointed to a recent French bill — which was ultimately defeated in the National Assembly — that would have required platforms to break encryptions on demand. A similar EU proposal is now under discussion, he noted.

Despite the persecution, Durov remains committed to Telegram’s model. “We monetize in ways that are consistent with our values,” he told Carlson. “We monetized without violating privacy.”

There is no clear timeline for a resolution of Durov’s case, which has raised serious questions about digital privacy, online freedom, and the limits of compliance for tech companies in the 21st century.

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Censorship Industrial Complex

Alberta senator wants to revive lapsed Trudeau internet censorship bill

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From LifeSiteNews

By Anthony Murdoch

Senator Kristopher Wells and other senators are ‘interested’ in reviving the controversial Online Harms Act legislation that was abandoned after the election call.

A recent Trudeau-appointed Canadian senator said that he and other “interested senators” want the current Liberal government of Prime Minister Mark Carney to revive a controversial Trudeau-era internet censorship bill that lapsed.

Kristopher Wells, appointed by former Prime Minister Justin Trudeau last year as a senator from Alberta, made the comments about reviving an internet censorship bill recently in the Senate.

“In the last Parliament, the government proposed important changes to the Criminal Code of Canada designed to strengthen penalties for hate crime offences,” he said of Bill C-63 that lapsed earlier this year after the federal election was called.

Bill C-63, or the Online Harms Act, was put forth under the guise of protecting children from exploitation online.

While protecting children is indeed a duty of the state, the bill included several measures that targeted vaguely defined “hate speech” infractions involving race, gender, and religion, among other categories. The proposal was thus blasted by many legal experts.

The Online Harms Act would have in essence censored legal internet content that the government thought “likely to foment detestation or vilification of an individual or group.” It would be up to the Canadian Human Rights Commission to investigate complaints.

Wells said that “Bill C-63 did not come to a vote in the other place and in the dying days of the last Parliament the government signaled it would be prioritizing other aspects of the bill.”

“I believe Canada must get tougher on hate and send a clear and unequivocal message that hate and extremism will never be tolerated in this country no matter who it targets,” he said.

Carney, as reported by LifeSiteNews, vowed to continue in Trudeau’s footsteps, promising even more legislation to crack down on lawful internet content.

Wells asked if the current Carney government remains “committed to tabling legislation that will amend the Criminal Code as proposed in the previous Bill C-63 and will it commit to working with interested senators and community stakeholders to make the changes needed to ensure this important legislation is passed?”

Seasoned Senator Marc Gold replied that he is not in “a position to speculate” on whether a new bill would be brought forward.

Before Bill C-63, a similar law, Bill C-36, lapsed in 2021 due to that year’s general election.

As noted by LifeSiteNews, Wells has in the past advocated for closing Christian schools that refuse to violate their religious principles by accepting so-called Gay-Straight Alliance Clubs and spearheaded so-called “conversion therapy bans.”

Other internet censorship bills that have become law have yet to be fully implemented.

Last month, LifeSiteNews reported that former Minister of Environment Steven Guilbeault, known for his radical climate views, will be the person in charge of implementing Bill C-11, a controversial bill passed in 2023 that aims to censor legal internet content in Canada.

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