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Canada proposes the creation of a digital safety commissioner role to oversee violations of new harmful online content rules and issue penalties to platforms

On this page  — Module 1: A new legislative and regulatory framework for social media platforms One Degree : One Degree Friday July 30 2021 Anja Karadeglija / montrealgazette : Federal online harms bill would allow secret hearings and raises Charter concerns: critics Menaka Raman-Wilms / Globe and Mail : Social media companies targeted in potential online harms bill, but legislation still a ways off Canadian Press : Ottawa proposes new rules to crack down on harmful online content Bradly Shankar / mobilesyrup.com : Federal government proposes new policies to crack down on hateful online content Amanda Connolly / globalnews.ca : Ottawa lays out proposal for digital safety watchdogs to crack down on hate online Rachel Aiello / CTVNews : Feds eye new powers to block platforms that fail to combat harmful content online Anja Karadeglija / National Post : Liberals' online harms bill would create a digital safety commissioner to police internet Tweets: Michael Geist / @mgeist : If that were not enough, lawful access is back yet again! After the Supreme Court struck down access to basic subscriber information without a warrant years ago, government wants to amend the CSIS Act to create a new judicial authorization for access. 2/2 https://www.canada.ca/... Dwayne Winseck / @mediamorphis : Rather than setting acceptable limits to people's freedom of expression in a democratic society thru the courts, the online harms consultation starts from the premise that Facebook, et. al. should be tasked with making calls about what speech stays up, what comes down. In so 4/x Jamil Jivani / @jamiljivani : The Trudeau Liberal censorship agenda was always headed in this direction. Some folks pretended otherwise, but if you paid attention to Steven Guilbealt then you knew Trudeau wanted to dramatically increase state control over what we can say online. It's a power grab. https://twitter.com/... Dwayne Winseck / @mediamorphis : doing, it effectively reinforces the privatization of speech regulation that exists-albeit w/ clearer guidelines backstopped by a new Digital Recourse Council. People who want to challenge Facebook or Twitter's decision to block, take down, shadow-ban, etc their messages must 5/x Dean Blundell / @itsdeanblundell : Justin Trudeau is back w a new bill that demands liberals get access to the private information of subscribers to online platforms. Here we go... https://twitter.com/... Dwayne Winseck / @mediamorphis : The shallow but troubling fixation on content obscures the fact that the govt does not have the spine needed to tackle the structural roots of the broken Internet. Seen like this, it is weak posturing rather than a laudable advance toward a needed new era of Internet regulation. Dwayne Winseck / @mediamorphis : 1st run the gauntlet of the platforms' own dispute/appeals mechanism. Only then can they turn to the new DRC to have their concerns heard & the cos' made to justify their decisions. This is a modest improvement over the status quo but still puts private speech regulation 1st. 6/x Gretchen Peters / @gretchenspeters : Canada 🇨🇦 lays out sweeping new proposal to block illicit content on #socialmedia. Firms could face massive fines, or just get blocked, if they fail to remove illicit content inside 24H. #HoldThemAccountable https://www.thestar.com/... Michael Geist / @mgeist : The government's plans for online harms is out. I'll do a deep dive in the coming days, but it includes 24 hour takedowns, website blocking, and a new bureaucracy that includes a Digital Safety Commissioner and a Digital Tribunal for content removals. 1/2 https://www.canada.ca/... @terryglavin : Breaking: “Harmful online content” is not a crime, a “digital safety commissioner” is not a judge, and a “Digital Recourse Council” is not a court of law. This is going to be fun. https://twitter.com/... Eric Garland / @ericgarland : “They would have to remove illegal content within 24 hours and follow other regulations or they could face financial penalties of as much as $10 million or three per cent of a platform's gross global revenue — whichever is higher.” https://www.thestar.com/... Dan Albas / @danalbas : This Prime Minister has become everything and more that he once opposed in Opposition and now this. Do you want this? https://www.thestar.com/... Yuan Stevens / @ystvns : There are so many grey areas: - Definition of service provider/platforms; “private” communications - What counts as repeated refusal to take down content leading to blocking 🤯 - Role of the Personal Information and Data Protection Tribunal in appeals from Commissioner decisions https://twitter.com/... Tim S. Uppal / @timuppal : As reported, the Liberal government is creating a new digital safety commissioner that would police content on the Internet. They would have investigative powers to enter your house. What are your thoughts on this? Let me know in the comments ⬇️ https://nationalpost.com/... @awudrick : Understand: the level of government that couldn't properly police arrivals at *six airports* is now proposing to police...the internet. https://twitter.com/... Yuan Stevens / @ystvns : ⚠️ Huge in content moderation: 🇨🇦 has outlined its plan for addressing harm online. Enormous contrast to the approach under the #DMCA. “Online Communication Services” will also provide transparency reports to digital safety commissioner, report to RCMP if imminent risk of harm https://twitter.com/... @ezralevant : But this headline is a lie. The purpose of this censorship is not to fight illegal content. We already have police for that. The Internet has always been subject to the Criminal Code, like TV is. This censorship specifically targets things that are NOT illegal. They say so. https://twitter.com/... @torontostar : #Breaking: Canada proposes a “digital safety commissioner” to keep illegal content off Facebook, YouTube, Pornhub and other platforms https://www.thestar.com/...

Toronto Star Kieran Leavitt

Context & Ripple Effects

Canada’s proposal moves platform-content enforcement from general political pressure toward a named regulator with penalty authority. It also aligns with the U.S. debate over conditioning platform liability protections, reflected in the DOJ’s proposed Section 230 changes.

The policy direction later reappeared in Canada’s Online Harms Act proposal, which likewise paired platform responsibility for harmful content with a digital safety regulator. The UK’s parallel push to address “legal but harmful” material shows the issue was becoming a cross-market compliance concern for major platforms.

First-order effects

  • Platforms covered by the proposed rules would face a dedicated Canadian enforcement authority able to investigate alleged harmful-content violations and issue penalties.
  • The Digital Safety Commissioner role would concentrate oversight of the new rules in a specialist office rather than leaving compliance solely to platform policy teams.

Second-order effects

  • Large platforms would need to formalize content-governance, complaint-handling, and evidence-retention processes for a regulator that can assess violations and impose sanctions.
  • Canada’s proposal adds to the compliance pressure created by the UK’s proposed monitoring requirements for legal but harmful content, increasing the value of policies that can be adapted across jurisdictions.

Third-order effects

  • If such regulator-led regimes proliferate, platform governance shifts toward distribution-layer liability: firms are judged not only on posted material but on their systems for limiting exposure to it.
  • The later Online Harms Act proposal indicates a durable Canadian trend toward specialized oversight of platform safety rather than reliance on voluntary moderation alone.

The trend: Online-safety policy is moving toward dedicated regulators that make platforms accountable for how their services distribute harmful content.

Discussion

  • @mgeist Michael Geist on x
    If that were not enough, lawful access is back yet again! After the Supreme Court struck down access to basic subscriber information without a warrant years ago, government wants to amend the CSIS Act to create a new judicial authorization for access. 2/2 https://www.canada.ca/..…
  • @jamiljivani Jamil Jivani on x
    The Trudeau Liberal censorship agenda was always headed in this direction. Some folks pretended otherwise, but if you paid attention to Steven Guilbealt then you knew Trudeau wanted to dramatically increase state control over what we can say online. It's a power grab. https://twi…
  • @itsdeanblundell Dean Blundell on x
    Justin Trudeau is back w a new bill that demands liberals get access to the private information of subscribers to online platforms. Here we go... https://twitter.com/...
  • @mgeist Michael Geist on x
    The government's plans for online harms is out. I'll do a deep dive in the coming days, but it includes 24 hour takedowns, website blocking, and a new bureaucracy that includes a Digital Safety Commissioner and a Digital Tribunal for content removals. 1/2 https://www.canada.ca/..…
  • @ystvns Yuan Stevens on x
    There are so many grey areas: - Definition of service provider/platforms; “private” communications - What counts as repeated refusal to take down content leading to blocking 🤯 - Role of the Personal Information and Data Protection Tribunal in appeals from Commissioner decisions h…
  • @terryglavin @terryglavin on x
    Breaking: “Harmful online content” is not a crime, a “digital safety commissioner” is not a judge, and a “Digital Recourse Council” is not a court of law. This is going to be fun. https://twitter.com/...
  • @torontostar @torontostar on x
    #Breaking: Canada proposes a “digital safety commissioner” to keep illegal content off Facebook, YouTube, Pornhub and other platforms https://www.thestar.com/...
  • @mediamorphis Dwayne Winseck on x
    Rather than setting acceptable limits to people's freedom of expression in a democratic society thru the courts, the online harms consultation starts from the premise that Facebook, et. al. should be tasked with making calls about what speech stays up, what comes down. In so 4/x
  • @danalbas Dan Albas on x
    This Prime Minister has become everything and more that he once opposed in Opposition and now this. Do you want this? https://www.thestar.com/...
  • @timuppal Tim S. Uppal on x
    As reported, the Liberal government is creating a new digital safety commissioner that would police content on the Internet. They would have investigative powers to enter your house. What are your thoughts on this? Let me know in the comments ⬇️ https://nationalpost.com/...
  • @awudrick @awudrick on x
    Understand: the level of government that couldn't properly police arrivals at *six airports* is now proposing to police...the internet. https://twitter.com/...
  • @mediamorphis Dwayne Winseck on x
    doing, it effectively reinforces the privatization of speech regulation that exists-albeit w/ clearer guidelines backstopped by a new Digital Recourse Council. People who want to challenge Facebook or Twitter's decision to block, take down, shadow-ban, etc their messages must 5/x
  • @ystvns Yuan Stevens on x
    ⚠️ Huge in content moderation: 🇨🇦 has outlined its plan for addressing harm online. Enormous contrast to the approach under the #DMCA. “Online Communication Services” will also provide transparency reports to digital safety commissioner, report to RCMP if imminent risk of harm ht…
  • @mediamorphis Dwayne Winseck on x
    The shallow but troubling fixation on content obscures the fact that the govt does not have the spine needed to tackle the structural roots of the broken Internet. Seen like this, it is weak posturing rather than a laudable advance toward a needed new era of Internet regulation.
  • @mediamorphis Dwayne Winseck on x
    1st run the gauntlet of the platforms' own dispute/appeals mechanism. Only then can they turn to the new DRC to have their concerns heard & the cos' made to justify their decisions. This is a modest improvement over the status quo but still puts private speech regulation 1st. 6/x
  • @ericgarland Eric Garland on x
    “They would have to remove illegal content within 24 hours and follow other regulations or they could face financial penalties of as much as $10 million or three per cent of a platform's gross global revenue — whichever is higher.” https://www.thestar.com/...
  • @gretchenspeters Gretchen Peters on x
    Canada 🇨🇦 lays out sweeping new proposal to block illicit content on #socialmedia. Firms could face massive fines, or just get blocked, if they fail to remove illicit content inside 24H. #HoldThemAccountable https://www.thestar.com/...
  • @ezralevant @ezralevant on x
    But this headline is a lie. The purpose of this censorship is not to fight illegal content. We already have police for that. The Internet has always been subject to the Criminal Code, like TV is. This censorship specifically targets things that are NOT illegal. They say so. https…