Connect with us
[the_ad id="89560"]

Censorship Industrial Complex

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

Published

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/

Censorship Industrial Complex

Australian politicians attack Elon Musk for refusing to remove video of Orthodox bishop’s stabbing

Published on

Photo by Leon Neal/Getty Images

From LifeSiteNews

By David James

The video is available on YouTube but Australia’s political class is singling out and waging war on X owner Elon Musk for his refusal to delete footage of the stabbing of Orthodox Bishop Mar Mari Emmanuel.

In a demonstration of governmental overreach the Australian prime minister, Anthony Albanese, has attacked Elon Musk, the owner of X (formerly Twitter) for not acceding to demands to put a worldwide ban on video footage of an attempted stabbing of a bishop in a Sydney church.

Albanese is not alone; virtually the entire Australian political class has joined in the attack. Tanya Plibersek, minister for Environment and Water called Musk an “egotistical billionaire.” Greens senator Sarah Hanson-Young described him as a “narcissistic cowboy.” Albanese chimed in by describing him as an “arrogant billionaire who thinks he’s above the law.”

Senator Jacqui Lambie went as far as suggesting that Musk be “jailed” for his refusal to bend to the demands of the Australian government.  

In response to Lambie’s comments, Musk declared her to be an “enemy of the people of Australia,” agreeing with another social media user who suggested it should be Lambie, not Musk, who belongs in jail.

The right wing Liberal-National coalition was only slightly less aggressive saying Musk was offering an “insulting and offensive argument” in his refusal to remove graphic footage of the stabbing. How Musk saying that posts should not be taken down is “insulting and offensive” was not explained.

The victim of the attack, Bishop Mar Mari Emmanuel, an Iraqi-born Assyrian Australian prelate who is head of the Eastern Christ the Good Shepherd Church, has displayed a maturity and moral virtue conspicuously lacking in the political arena. Emmanuel recorded a message saying that he loved his assailant, and that he wanted the video to stay online, urging people not to respond to violence with violence.

After the incident there were riots outside the church, resulting in 51 officers sustaining injuries. A 16-year-old boy has been arrested and charged with a religiously motivated terrorist attack.

That formulation is inaccurate. There is no effective protection of free speech in Australia, unlike the US, which has the First Amendment of the Constitution. The Federal government is currently preparing a misinformation and disinformation bill to force social media companies only to allow content of which the government approves.

As Senator Ralph Babet of the United Australia Party observes it is a “censorship agenda” that will be pushed no matter which party is in power. “The office of the eSafety commissioner was created under the Liberal Party and is now being emboldened by the Labor Party,” he writes.

The public battle with Musk is better seen as an attempt by the Australian government to control what is on the internet. The newly appointed eSafety commissioner, Julie Inman-Grant directed X to remove the posts, but X had only blocked them from access in Australia pending a legal challenge. The government then demanded that the posts be removed world-wide.

That the Australian political class thinks it has the right to issue edicts in countries where it has no legal jurisdiction is a demonstration of the lack of clarity in their thinking, and the intensity of their obsession with censoring.

Musk accurately characterised the situation in a post: “Should the eSafety Commissar (an unelected official) in Australia have authority over all countries on Earth?” It seems that many Australian politicians think the answer to that question is “Yes.”

The childish personal attacks on Musk, typical ad hominem attacks (going at the person rather than the argument) are revealing. What does the fact that Musk is a billionaire have to do with the legal status of the posts? Does having a lot of money somehow disqualify him from having a position?

If he is “egotistical” or “arrogant” what does that have to do with his logical or legal claims? How does exposing Musk as a narcissistic cowboy” have any relevance to him allowing content on the platform? Wouldn’t a narcissist be more likely to restrict content? The suspicion is that the politicians are resorting to such abuse because they have no argument.

The Australian government’s attack on Musk, which borders on the absurd, is just one of many being directed at X. An especially dangerous initiative is coming from the European Union’s Digital Services Act, which can apply fines of up to 6 per cent of the worldwide annual turnover, a ridiculously punitive amount. The United Kingdom’s communications regulator, Ofcom is even worse. It will have powers to fine companies up to 10 per cent of their global turnover.

Western governments are mounting an all out push to censor the internet, and Australia’s aggressive move is just part of that. What is never considered by governments and bureaucrats is the cost of such censorship.

The benefits of “protecting” people are always overstated and inevitably infantilize the population. The price is a degradation of social institutions and a legal system that does not apply equally to the citizenry and to the government. It is a step towards tyranny: rule by law rather than rule of law.

Continue Reading

Censorship Industrial Complex

Now We Are Supposed to Cheer Government Surveillance?

Published on

From the Brownstone Institute

BY Jeffrey A. TuckerJEFFREY A. TUCKER 

The powers that be are leading us from the Declaration of Internet Freedom from simpler times (2012), to the  Declaration on the Future of the Internet. Do we need to say more than the word “freedom” has been left out of the future?

They are wearing us down with shocking headlines and opinions. They come daily these days, with increasingly implausible claims that leave your jaw on the floor. The rest of the text is perfunctory. The headline is the takeaway, and the part designed to demoralize, deconstruct, and disorient.

A few weeks ago, the New York Times told us that “As It Turns Out, the Deep State Is Pretty Awesome.” These are the same people who claim that Trump is trying to get rid of democracy. The Deep State is the opposite of democracy, unelected and unaccountable in every way, impervious to elections and the will of the people. Now we have the NYT celebrating this.

And the latest bears notice too: “Government Surveillance Keeps Us Safe.” The authors are classic Deep Staters associated with Hillary Clinton and George W. Bush. They assure us that having an Orwellian state is good for us. You can trust them, promise. The rest of the content of the article doesn’t matter much. The message is in the headline.

Amazing isn’t it? You have to check your memory and your sanity. These are the people who have rightly warned about government infringements on privacy and free speech for many decades dating way back.

And now we have aggressive and open advocacy of exactly that, mainly because the Biden administration is in charge and has only months to put the final touches on the revolution in law and liberty that has come to America. They want to make it all permanent and are working furiously to make it so.

Along with routine warrantless surveillance, not only of possible bad guys but everyone, comes of course censorship. A few years ago, this seemed to be intermittent, like the biased and arbitrary actions of rogue executives. We objected and denounced but generally assumed that it was aberrant and going away over time.

Back then, we had no idea of the scale and the ambition of the censors. The more information that is coming out, the more the full goal is coming into view. The power elite want the Internet to operate like the controlled media of the 1970s. Any opinion that runs contrary to regime priorities will be blocked. Websites that distribute alternative outlooks will be lucky to survive at all.

To understand what’s going on, see the White House document called Declaration on the Future of the Internet. Freedom is barely a footnote, and free speech is not part of it. Instead it is to be a “rules-based digital economy” governed “through the multistakeholder approach, whereby governments and relevant authorities partner with academics, civil society, the private sector, technical community and others.”

This whole document is an Orwellian replacement of the Declaration of Internet Freedom from 2012, which was signed by Amnesty International, the ACLU, and major corporations and banks. The first principle of this Declaration was free speech: don’t censor the Internet. That was 12 years ago and the principle is long forgotten. Even the original website has been dead since 2018. It is now replaced with one word: “Forbidden.”

Yes, that’s chilling but it is also perfectly descriptive. In all mainline Internet venues, from search to shopping to social, freedom is no longer the practice. Censorship has been normalized. And it is taking place with the direct involvement of the federal government and third-party organizations and research centers paid for by tax dollars. This is very clearly a violation of the First Amendment but the new orthodoxy in elite circles is that the First Amendment simply does not apply to the Internet.

This issue is making its way through litigation. There was a time when the decision would not be in question. No more. Several or more Supreme Court Justices do not seem to understand even the meaning of free speech.

The Prime Minister of Australia made the new view clear in his statement in defense of fining Elon Musk. He said that social media has a “social responsibility.” In today’s parlance, this means they must obey the government, which is the only proper interpreter of the public interest. In this view, you simply cannot allow people to post and say things that are contrary to regime priorities.

If the regime cannot manage public culture, and manipulate the public mind, what’s it there for? If it cannot control the Internet, its managers believe, it will lose control of the whole of society.

The crackdown is intensifying by the day. Representative Thomas Massie shot a video after the Ukraine vote for a total foreign aid package of an astonishing $95 billion. Vast numbers of Democrats on the House floor waved Ukrainian flags, which you might suppose smacks of treason. The Sergeant-at-Arms wrote Massey directly to tell him to take down the video or get a $500 fine.

True, the rules say you cannot film in a way that “impairs decorum,” but he simply took out his phone. The decorum was disturbed by masses of lawmakers waving a foreign flag. So Massie refused. After all, the entire disgraceful scene was on C-SPAN but the presumption is that no one watches that but everyone reads X, which is probably true.

Clearly, GOP speaker Mike Johnson doesn’t want his perfidy this well-advertised. After all, it was he who shepherded the authorization of spying on the American people using Section 702 of FISA, which 99 percent of GOP voters opposed. Just who do these people think they are there to represent?

It’s actually astonishing to do a conjectural history in which Elon did not buy Twitter. The regime monopoly on social media today would be 99.5 percent. Then the handful of alternative venues could be shut down one by one, just as with Parler a few years ago. Under this scenario, closing the social end of the Internet would not be that difficult. The domains are another matter but those could be banned gradually over time.

But with X rising in a meteoric way since Elon’s takeover, that is now far more difficult. He has made it his mission to remind the world of core principles. This is why he told the boycotting advertisers to jump in a lake and why he refused to comply with every dictate by the despotic head of the Brazilian Supreme Court. Daily he is showing what it means to stand up for principle in extremely hard times.

Glenn Beck puts it well: “What Elon Musk is doing in both Brazil and Australia is this: He is simply standing where the Free world used to stand. They have moved, not him. They are the radicals not him. HAVE THE COURAGE to remain standing, unmovable in the truth that can never change and you will be targeted and eventually change the world.”

Censorship is not an end unto itself. The purpose is control of the people. That is also the purpose of surveillance. It is not, rather obviously, to protect the public. It is to protect the state and its industrial partners against the people. Of course, just as in every dystopian film, they always pretend otherwise.

Somehow – call me naive – I just didn’t expect the New York Times to be all-in on the immediate establishment of the surveillance state and universal censorship by the “awesome” Deep State. But think of this. If the NYT can be fully captured by this ideology, and probably captured by the money that goes with it, so can any other institution. You have probably noticed a similar editorial line being pushed by WiredMother JonesRolling StoneSalonSlate, and other venues, including the entire suite of publications owned by Conde Nast including Vogue and GQ magazine.

“Don’t bother me with your crazed conspiracy theory, Tucker.”

I get the point. What is your explanation?

Author

  • Jeffrey A. Tucker

    Jeffrey Tucker is Founder, Author, and President at Brownstone Institute. He is also Senior Economics Columnist for Epoch Times, author of 10 books, including Life After Lockdown, and many thousands of articles in the scholarly and popular press. He speaks widely on topics of economics, technology, social philosophy, and culture.

Continue Reading

Trending

X