Session Six: Freedom of Expression and Other Rights

What is a Worksheet?

Each advisory group session will be supported by a worksheet, like this one, made available to the group in advance of each session. The goal of these worksheets is to support the discussion and organize feedback and input received. These worksheets will be made public after each session.

Each worksheet will have a set of questions for which the group members will be asked to submit written responses to. A non-attributed summary of these submissions will be published weekly to help conduct the work in a transparent manner.

The proposed approach in each worksheet represents the Government’s preliminary ideas on a certain topic, based on feedback received during the July-September 2021 consultation. It is meant to be a tool to help discussion. The ideas and language shared are intended to represent a starting point for reaction and feedback. The advice received from these consultations will help the Government design an effective and proportionate legislative and regulatory framework for addressing harmful content online. Neither the group’s advice nor the preliminary views expressed in the worksheets constitute the final views of the Department of Canadian Heritage nor the Government of Canada.

Discussion Topic

How can Government best protect and promote freedom of expression and other rights in its proposed legislative and regulatory framework to address harmful content online?

Objectives

  1. Obtain feedback on the elements of the proposal that raise concerns with respect to the freedom of expression, equality rights and users’ privacy rights. Elements concerning content identification and moderation obligations, as well as information and data sharing provisions in the previous proposal raised significant concern.
  2. Determine whether there are groups or communities whose privacy rights, equality rights or freedom of expression would be disproportionately impacted by the regulatory proposal. Marginalized groups, victims of sexually exploitative content, and other vulnerable individuals and communities may be impacted by a regulatory framework in unique and harmful ways.
  3. Identify possible safeguards and mitigation measures to address concerns around preserving and protecting the freedom of expression, equality rights, and users’ privacy rights. Powers, obligations, and authorities could all be used in legislation to help promote and protect Charter rights. The key will be in establishing the most appropriate and proportionate tools.
  4. Determine whether there are any effective alternative approaches to regulation that would fulfill the objectives while limiting interference with Charter rights. There are different approaches that can be taken to fulfill the Government’s objective of introducing legislation to address harmful content online. It is important to canvass and explore all alternatives to determine the most proportionate and appropriate framework.

Starting Points

Overview of Proposed Approach

Supporting questions for discussion

  1. Obtain feedback on the elements of the proposal that raise concerns regarding the freedom of expression, equality rights and users’ privacy rights.
    1. What are the most concerning elements of the old proposal with regard to Canadians’ Charter rights? Have these concerns been mitigated by the proposed new vision?
    2. What concerns, if any, have been mitigated by the proposed new vision? What appears to strike the right balance in the proposed approach?
    3. What are the main concerns with the current thinking as it relates to protecting Charter rights?
  2. Determine whether there are groups or communities whose privacy rights, equality rights or freedom of expression would be disproportionately impacted by the regulatory proposal.
    1. Are the rights of vulnerable groups disproportionately affected by the regime? If so, what are potential safeguards that could mitigate or eliminate this unintended consequence?
  3. Identify possible safeguards and mitigation measures to address concerns around preserving and protecting the freedom of expression, equality rights, and users’ privacy rights.
    1. What powers and authorities could be given to the new regulator to ensure Canadians’ rights are protected? What obligations could be imposed on regulated entities to protect Canadians’ rights?
    2. What safeguards could be included in legislation (i.e. through definitions, objectives, procedural safeguards, etc.) that could help address concerns?
  4. Determine whether there are any effective alternative approaches to regulation that would fulfill the objectives while limiting interference with Charter rights.
    1. How can the regime best advance a comprehensive approach to confronting harmful content online that may involve law enforcement and security intelligence communities while still respecting users’ equality rights, data and privacy rights?
    2. Are there alternative obligations, definitions, or other approaches that would fulfill the obligation, of supporting a safe and inclusive internet where people in Canada feel free to express themselves, while minimally impairing the freedom of expression?

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