BRIEFING NOTE: Addressing Online Harms through Bill C-63
Bill C-63 represents a significant step toward combating online hate and discrimination, but key gaps must be addressed to ensure it effectively protects young people, fosters inclusive participation, and upholds human rights. This briefing synthesizes insights gathered through community-based research and focus groups with young Canadians, highlighting areas for improvement and actionable recommendations.
Key Gaps and Concerns
1. Participation
Limited Youth Inclusion: Despite the UN Convention on the Rights of the Child emphasizing youth participation, Bill C-63 lacks mechanisms to involve young people in shaping the legislation.
Accessibility Barriers: Current consultation processes are inaccessible, leaving youth voices—those most affected by online harms—underrepresented.
2. Protection
Insufficient Definitions: The Bill’s definition of “hate” omits critical factors such as socio-economic status, leaving gaps in addressing discrimination on these grounds.
Private Communications: The Bill fails to address online hate in private spaces, especially on gaming platforms, where harassment is rampant.
Reactive vs. Preventive Approach: A punitive focus neglects the foundational role of digital literacy in preventing online harms.
3. Remedy
Inaccessible Processes: The one-year preservation period for harmful content limits victims’ ability to seek justice. A minimum three-year timeframe is recommended.
Lack of Victim Support: Current remedies do not account for the emotional and psychological trauma faced by victims.
4. Provision of Supports
Youth Representation: There is no youth advisory body to guide the implementation of the Bill.
Transparency and Oversight: The proposed Digital Safety Commission lacks clarity on impartiality and the use of fines collected from social media companies
Recommendations
1. Participation and Youth Engagement
Establish youth-friendly consultation mechanisms, ensuring safe and accessible spaces for meaningful participation.
Partner with schools and youth-led organizations to facilitate forums and gather input on online safety concerns.
2. Enhanced Protection
Expand the definition of hate speech to include socio-economic discrimination and other overlooked factors.
Integrate comprehensive digital literacy education into the Bill’s framework, empowering young people to navigate and challenge online harms.
3. Accessible and Effective Remedies
Extend the preservation period for harmful content to at least three years to accommodate victims' needs.
Reinforce the Canadian Human Rights Commission’s (CHRC) capacity to address online hate by increasing resources and simplifying complaint mechanisms.
4. Improved Support Systems
Use fines from non-compliant social media platforms to fund victim support services, including mental health resources and case management.
Establish a youth advisory committee at both federal and provincial levels to guide policy decisions on online harms.
Moving Forward
To ensure Bill C-63 achieves its objectives, it must reflect the lived experiences of young people and prioritize prevention, inclusivity, and accountability. Youth voices are critical in shaping a safer and more equitable online environment. By addressing these gaps, policymakers can strengthen protections and promote a culture of digital citizenship that upholds dignity and human rights.