Canada to crack down on online hate
Canada imposes harsh penalties for hate speech online, with theoretical fines reaching millions and life imprisonment. Even crimes not yet committed can be punished.
Hate and incitement online are pervasive. Canada aims to tighten regulation of online content and introduce comprehensive new safety rules. The Canadian government is planning a new law, the Online Harms Act or Bill C-63, to combat abuse and bullying online. Fines could reach millions and imprisonment could be life-long in extreme cases.
The government has identified seven categories of harmful content, including posts that incite hate, promote violence or terrorism, sexually exploit children, or encourage self-harm.
The government's primary goal is to better protect children. "Harm we experience online can have tragic, sometimes fatal, consequences in the real world," Canada's Minister of Justice and Attorney General Arif Virani said at a press conference in February. "We have strict safety standards at home for things like my son's Lego. But there are none for the most dangerous toy - not just in my home, but in every Canadian household - the screen in front of our children's eyes."
Reports of child pornography and sexual crimes against children online have quadrupled in Canada since 2014, with nearly 61,500 cases reported.
Millions in fines for online services
Large online services, according to the draft, must remove harmful posts within 24 hours. This includes social media, porn sites, and live streaming providers. Private messaging platforms like Signal or WhatsApp, or gaming platforms, are not included.
Companies that don't comply with the new rules face hefty fines: up to ten million Canadian dollars or six percent of global revenue, whichever is higher.
Similarly, in the EU, the Digital Services Act (DSA) requires large online platforms to address illegal content like hate speech. Non-compliance could result in fines of up to six percent of global annual turnover. The Commission can also impose daily penalties of up to five percent of average global daily turnover for each day a company fails to implement promised measures.
Hate to be made a standalone crime
A new agency, the "Digital Safety Commission," will oversee these measures in Canada. It will have wide-ranging powers, including the ability to impose fines, and access to all providers' data, including user data.
Supporters argue this will help fight internet crime more effectively by requiring platforms to remove content quickly.
The Canadian government also plans to amend the Criminal Code to make hate a standalone crime, making it easier to prosecute such offenses.
But what constitutes hate and hate crimes? "The Supreme Court has outlined it as the detestation and vilification of any person or group," Minister Virani clarifies. Insulting comments would not fall under this category.
Life imprisonment for incitement to genocide
For hate crimes, higher penalties may be possible in the future: Those who incite hate or support antisemitism could face five years in prison instead of the current two. Those who call for genocide online could potentially face life imprisonment, whereas the maximum penalty was previously five years.
In Germany, hate speech is not a standalone crime. However, hate comments are still punishable, with penalties much lower than those planned by Canada: up to five years imprisonment is possible for incitement to hatred.
The Canadian government also wants to change its human rights law: people will be able to file complaints about hate speech online with the human rights commission. Offenders could face high fines of up to $50,000 USD.
"Thought Crimes" Under Penalty?
The penalties for hate speech have faced strong resistance. Critics believe the law is too harsh, the potential prison sentences too long. Some argue that the proposals cross the line into censorship - and see the end of free speech and press freedom coming.
Right-wing and conservative media in the US have criticized Canada's idea. The conservative Canadian newspaper National Post writes that hate speech laws have existed in Canada in the past, but were abolished in 2014 because they were misused. Until the early 2000s, mainly neo-Nazis and racists were affected - suddenly, complaints about immigration or same-sex marriage also came in.
Many compare the law to George Orwell's novel "1984", such as renowned Canadian author Margaret Atwood or Tesla CEO Elon Musk. In the book, the secret police punish "thought crimes", i.e., thoughts that the state doesn't like. Potential criminals are arrested before they can act.
"Prevent Expected Hate Crime"
However, there are at most minimal parallels between the famous novel and the Canadian law. The Canadian government actually wants to prevent hate crimes: "We must be able to prevent an expected hate crime," Justice Minister Virani has formulated: "A peace bond can be issued for someone who has a reasonable likelihood of committing a hate crime related to genocide."
In the bill, it is stated: A judge may order a person to behave properly, to observe a so-called peace bond for one year - or two years if the defendant has been previously convicted of hate offenses. The judge needs evidence that this person will commit a hate propaganda offense or a hate crime.
If the person does not comply with the peace bond or does not agree to it, they can be sentenced to imprisonment of up to one year. A violation would be, for example, if the person contacts someone else although they are not allowed to according to the order, leaves the residence, or uses prohibited drugs, alcohol, or weapons.
Canada is no longer a pioneer with its plan against hate on the net: the EU, Britain, and Australia have already passed laws for monitoring online content. The Canadian bill still has to go through the institutions.
The New York Times assumes that the law will be passed, in whatever form: the Liberal Party of Prime Minister Justin Trudeau has made a deal with an opposition party that will support the government in this.
The Online Harms Act in Canada aims to combat forms of harmful content, including posts that sexually exploit children, such as child pornography. Failure to comply with the new rules for large online services, including social media platforms and porn sites, could result in hefty fines up to ten million Canadian dollars or six percent of global revenue, whichever is higher.
