Canadian Government Sends Controversial 'Online Harms' Bill Back to the Drawing Board

Canadian Government Sends Controversial 'Online Harms' Bill Back to the Drawing Board

OTTAWA — The Canadian government released its report on a controversial "online harms" bill today, highlighting concerns raised by stakeholders and sending it back to the drawing board.

According to CBC News, Canada’s Heritage Department, which would have been in charge of implementing Bill C-10, was compelled to acknowledge serious issues since “multiple civil society groups have expressed reservations with the federal government's proposed online harm legislation, which would force tech giants to take down flagged content within 24 hours.”

That requirement and other provisions of the bill were initially justified to the Canadian public during a heated period when a number of legislators from all five major parties targeted Montreal-based MindGeek in an atmosphere of “porn panic.” The proposal itself was linked to a series of parliamentary hearings in early 2021 targeting MindGeek’s tube site Pornhub.

New Report Follows Broad Consultation

As XBIZ reported last August, the Canadian government invited “stakeholders and Canadians” to submit comments regarding the bill's proposed updates to Canada's Broadcasting Act, and today's report is the result of that broad consultation.

The government’s call for comment stated that, although “social media platforms and other online communications services play a vital and important role in Canada’s society and economy,” they can also “be abused and used to incite hate, promote violence and extremism or for other illegal activity.”

“The Government of Canada is committed to taking meaningful action to combat hate speech and other kinds of harmful content online, including child sexual exploitation content, terrorist content, content that incites violence, and the non-consensual sharing of intimate images,” it continued.

Groups like NCOSE and Exodus Cry, and anti-porn activists like Laila Mickelwait, who was invited earlier last year to testify before the Canadian Parliament, have long argued that since neither age nor consent can be verified by merely watching a video or image, all sexual content online should be subject to takedowns. Longstanding First Amendment and free-speech arguments, they allege, are not applicable because of vague anti-“human trafficking” carveouts, including controversial U.S. law FOSTA-SESTA, which they hoped Canada would emulate.

But today’s report by the Heritage Department explicitly noted that “marginalized and racialized groups are particularly likely to be affected by the requirement to force tech companies, such as Facebook and Twitter, to quickly remove content that is flagged as offensive,” the CBC explained.

“Following consultations with various community groups last summer, the report said respondents believed the 24-hour requirement was flawed because it would give platforms an incentive to be overly vigilant and remove more content than necessary to avoid breaking the law,” the CBC report continued.

Proposal Included 'Systematically Flawed' Censorship Provision

The Canadian government now admits that “a significant majority of respondents asserted that the 24-hour requirement was systematically flawed. It would incentivize platforms to be over-vigilant and over-remove content, simply to avoid non-compliance.”

Google submitted a response to the consultation, expressing concern “about the government potentially limiting freedom of expression.”

Similar points were made last year by sex workers and advocates during the parliamentary hearings targeting Pornhub and MindGeek. The hearings' organizers had initially neglected to include sex worker voices in the debate and only invited them after mounting social media pressure.

The Heritage Department told the CBC that “it intends to engage with experts over the next few weeks now that the report is out,” but offered “no timeline for the introduction of legislation” beyond a commitment “to move as quickly as possible.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

SCOTUS Won't Hear Appeal of NYC Adult Store Zoning Law

The U.S. Supreme Court has declined to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

New Age Verification Service 'AgeWallet' Launches

Tech company Brady Mills Agency has officially launched its subscription-based age verification solution, AgeWallet.

Show More