Governing Online Harms

After years of waiting, and national and international conversations, on February 26th, 2024, the Minister of Justice tabled Bill C-63, including the Online Harms Act, and other related acts amending Criminal Code and the Canadian Human Rights Act.

The proposed framework set new responsibilities for large social media platforms to seek to minimize rather than eliminate the risk of exposure to online harms, and creates a new regulator, the Digital Safety Commission, and the Digital Safety Ombudsperson representing Canadians, supported by a Digital Safety Office. The Bill proposes a graduated scheme with the strongest obligations to combat child exploitation and intimate image abuse, special duties to protect children and a duty to act responsibly for all harmful content. In addition, the bill proposes a series of amendments to Criminal Code and the Canadian Human Rights Act presented as strengthening recourse for victims of hate.

The proposal has been met both with praise and criticism, with most debates centering on the structure of the regulator and the amendments to the Criminal Code and Canadian Human Rights Act.

Our expert panel will unpack the key provisions from their various, sometimes complementary, others opposing, perspectives, for a lively conversation with thought leaders who took part in the long process that led to this much awaited bill.

Panélistes | Speakers

Jane Bailey is a Full Professor of Law in the Faculty of Law, Common Law Section at the University of Ottawa, where is a Faculty member of the Centre for Law, Technology and Society, and co-leads The eQuality Project.

Dr. Michael Geist is the Canada Research Chair in Internet and e-Commerce Law, a Full Professor in the Faculty of Law, Common Law Section, and a Faculty member at the Centre for Law, Technology and Society at the University of Ottawa.

Sunil Gurmukh is an Assistant Professor and the Assistant Dean (Equity, Diversity, Inclusion and Decolonization) at Western Law. He was previously a counsel with the Ontario Human Rights Commission.

Dr. Emily Laidlaw is the Canada Research Chair in Cybersecurity Law and an Associate Professor in the Faculty of Law at the University of Calgary. She was the co-chair of the government's expert advisory group on online safety, and a member of the Council of Canadian Academies’ Expert Panel on Public Safety in the Digital Age.

Dr. Florian Martin-Bariteau is the University Research Chair in Technology and Society and the Director of the Centre for Law, Technology and Society at the University of Ottawa, where he is an Associate Professor in the Faculty of Law, Common Law Section. He was notably a a member of the Council of Canadian Academies Expert Panel on Public Safety in the Digital Age.