French President Emmanuel Macron has been the global leader in promoting a ban on social media for kids, consistently welcoming countries that propose such measures with a “thanks for joining the movement” tweet. That includes Canada, which received its congratulatory tweet after a ban was included in Bill C-34. As I argued last month, however, I believe the Canadian ban is vulnerable to constitutional challenge on at least two fronts: freedom of expression, since blocking an entire cohort of Canadians from accessing information and expressing themselves on social media infringes Section 2(b) of the Charter, and privacy, since enforcing the ban will require millions of Canadians to verify their age to use social media services with the promised safeguards nowhere in place when the ban takes effect. Last week, France became the first major jurisdiction to have such a ban reviewed by its highest constitutional court, and it proceeded to strike down the law on substantially the same two constitutional concerns.
Latest Posts
Denial, Hate, and Silence: The Three Responses to Overwhelming Evidence of Canada’s Campus Antisemitism Crisis
One week ago, the release of the Campus Antisemitism and Student Experiences (CASE) report provided the most comprehensive national data to date on antisemitism on Canadian university campuses. As I wrote in my post on it, there is a crisis: of the more than 900 Jewish students surveyed, 95.7% experienced or witnessed antisemitism over the previous year, 72% limit what they say in class, 57% avoid wearing Jewish symbols, and roughly one-quarter have considered dropping out. That data is in addition to the more than 1,200 open-ended student accounts that deliver the gut punch: a professor telling a class that “Jews belong in Poland and should go back there,” widespread Holocaust denial, and physical and verbal threats targeting Jewish students. The samples posted below give a sense of the responses.
The Law Bytes Podcast, Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network
Sovereignty, whether digital sovereignty, data sovereignty, or AI sovereignty, has been the hot-button issue in Canada for months. Governments have shifted policies in hopes of addressing the issue, the public has expressed interest in Canadian alternatives, and the business community has rushed to meet that interest. But what does it actually take to create a true, sovereign alternative? We now have a live experiment with Gander, a new social network that looks a bit like X or BlueSky, but with data sovereignty. The company has worked to ensure that data remains in Canadian control and developed identity systems that may offer a preview of what’s to come if the social media ban takes hold. Leading the way has been Ben Waldman, Gander’s co-founder and CEO. He joins the Law Bytes podcast this week to talk about Gander’s origin story and to walk through the real-world challenges of creating a sovereign social network.
Canada’s Campus Antisemitism Crisis: National Survey Finds Antisemitism Nearly Everywhere and University Responses Nowhere
For the better part of two years, I have written about antisemitism on Canadian university campuses from the vantage point of personal experience: a post I never thought I would need to write on the right of Jewish students to feel safe on campus, the normalization of antisemitism at encampments including at my own university, the trepidation that accompanied a new academic year, and the chilling effect on expression that I described to the Standing Committee on Canadian Heritage. Those accounts, alongside those of many students who shared their experiences, were often downplayed by some as exaggerated or unrepresentative. Yet this week, the release of the Canadian Heritage-backed Campus Antisemitism and Student Experiences (CASE) report, conducted through the Office of the former Special Envoy on Preserving Holocaust Remembrance and Combatting Antisemitism and produced by the Association for Canadian Studies and the Metropolis Institute, puts that claim to rest. The report, for which I served as a member of the advisory board, provides the most comprehensive national data to date on the experiences of Jewish students at Canadian post-secondary institutions. The report makes for difficult reading as it confirms that Canada is facing an antisemitism crisis on campus, with the overwhelming majority of the Jewish students surveyed stating that they had experienced or witnessed at least one instance of antisemitism over the prior year.
Why the Answers to Hateful Content Online are Hiding in the Platforms’ Own Rules
The Canadian government has a two-pronged legal strategy to counter rising hate: New Criminal Code provisions to address offline harms, such as intimidation or protests outside schools and places of worship, and the digital safety bill introduced in June, which targets online harms. A new legal duty to act responsibly, which would require internet platforms to publish digital safety plans, provide greater transparency on their efforts to counter harms, and occasionally remove content, serves as the foundation for fighting back against the spread online of illegal content such as non-consensual distribution of intimate images, cyberbullying, terrorist content, and content that incites violence or hatred.
These are worthwhile measures. But for those concerned with antisemitism, Islamophobia, or other forms of hate, my Globe and Mail op-ed notes that stricter rules against illegal content are basic table stakes. The bigger challenge is the far larger category of content best described as “awful but lawful”: the tropes, conspiracy theories, and coded dehumanization that cause serious harm but remain constitutionally protected expression. A law mandating this material’s removal would invite an immediate Charter challenge. Instead, we need to figure out how to address harms without overstepping constitutional safeguards for freedom of expression.
Recent Posts
Thanks For Joining the Movement: French Constitutional Council Strikes Down Kids’ Social Media Ban 
Denial, Hate, and Silence: The Three Responses to Overwhelming Evidence of Canada’s Campus Antisemitism Crisis 
The Law Bytes Podcast, Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network 
Canada’s Campus Antisemitism Crisis: National Survey Finds Antisemitism Nearly Everywhere and University Responses Nowhere 
Why the Answers to Hateful Content Online are Hiding in the Platforms’ Own Rules
