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Standing Committee on Canadian Heritage, November 18, 2024 by Michael Geist

Protecting Freedom of Expression: My Heritage Committee Appearance on the Chilling Effect of Antisemitism

The Standing Committee on Canadian Heritage is in the midst of conducting a study on protecting freedom of expression that has opened the door to discussing a wide range of issues. I appeared as a witness before the committee yesterday and divided my opening remarks into two issues. First, I discussed the way digital policies (notably including Bills C-11, C-18, C-63, and S-210) all intersect with expression in either directly or indirectly, arguing that we haven’t always taken the protection of expression sufficiently seriously in the digital policy debate. Second, I focused on the challenge of when expression chills others expression,  using antisemitism as a deeply troubling example.

I will likely devote a future podcast to the full appearance and my exchanges with MPs, who wanted to learn more about both the speech implications of digital policy and some of the suggestions for addressing antisemitism. In the meantime, my opening comments are posted below in text with a video on the chilling effect of antisemitism. I discuss the myriad of concerns and identify steps that could be taken to mitigate against the harms, including clearly defined policies, such as the IHRA definition of antisemitism, active enforcement of campus policies and codes, principled implementation of institutional neutrality, leadership in speaking out against conduct that creates fear and chills speech, as well as time and place restrictions and bubble zone legislation to strike a much needed balance.

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November 19, 2024 5 comments News
TikTok vote in Congress by Victoria Pickering CC BY-NC-ND 2.0 https://flic.kr/p/2pEHKNn

The Law Bytes Podcast, Episode 219: Scott Benzie on What the Corporate TikTok Ban Means For Canadian Digital Creators

The recent announcement of a Canadian government decision to ban the corporate offices of TikTok but leave the app untouched has left many puzzled since the approach may actually make matters worse. The potential privacy and security risks associated with the app will remain but the ability to hold the company accountable will be weakened. While the government has downplayed the impact of the decision, the reality is that a TikTok exit from Canada will have an impact on Canadian digital creators. This Law Bytes podcast will break down the implications, including a discussion with Scott Benzie, the Executive Director of Digital First Canada, who identifies the digital creator concerns.

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November 18, 2024 3 comments Podcasts
Reclaim Video Streaming by Jim Groom CC BY-NC-SA 2.0 https://flic.kr/p/S1H2E8

How the Online Streaming Act Misdiagnosed Canada’s Broadcasting Woes 

Nearly one year ago, I made my way from my home in Ottawa across the river to the Gatineau hearing room used by the Canadian Radio-television and Telecommunications Commission (CRTC) to participate in its inaugural proceeding on implementing the Online Streaming Act, better known as Bill C-11. I had regularly appeared as a witness at House of Commons and Senate committees, but this was my first time participating in a hearing before Canada’s broadcasting regulator. I came with a simple message: while the roster of witnesses was filled with cultural lobby groups and broadcasters asking for their share of the bill’s anticipated pot of gold, the perspective of consumers and the public interest needed to be heard.

My opening statement emphasized prioritizing public over private interests, which, I argued, meant putting Canadians at the centre of their communications system, as one CRTC chair once characterized it. I did not anticipate receiving a warm reception, but I was still taken aback by the frostiness toward the notion that consumers and the public interest were important considerations. Instead, commissioners pointed to the need to step in where broadcasters or content creators were struggling to succeed in the market.

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November 12, 2024 15 comments Columns
VR1_7080 by Collision Conf https://flic.kr/p/2ntPmU4 (CC BY 2.0)

Canadian Government to Ban TikTok (the Company not the App)

The Canadian government has just announced the conclusion of its national security review of TikTok and arrived at a curious conclusion: it plans to ban the company from operating in Canada but the app will remain available here. I wrote earlier this year about the need for better laws to counter the risks associated with TikTok, rather than banning the app altogether. That post came in response to U.S. legislation that proposed to ban the app, but which is now in doubt given the results of yesterday’s U.S. Presidential election. There may well be good reasons to ban the app if it poses security and privacy risks that differ from those of other platforms, but banning the company rather than the app may actually make matters worse since the risks associated with the app will remain but the ability to hold the company accountable will be weakened.

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November 6, 2024 37 comments News
IMG_7927 by Steve Eason CC BY-NC 2.0 https://flic.kr/p/2pi3HEy

Why the Conspiratorial Responses to Canada’s Antisemitism Guide Demonstrate Its Necessity

Delegates from dozens of countries gathered nearly 25 year ago in Stockholm, Sweden for the Stockholm International Forum, where they affirmed a global commitment to combatting racism, antisemitism, ethnic hatred, and ignorance of history. That meeting sparked what became a 16-year open process to develop much-needed anti-racism tools, including the creation of the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism.

Antisemitism is generally understood as a certain perception of Jews that veers into hatred, but specific examples can be helpful for those seeking to apply policies in the workplace, codes in educational environments, or standards for government funding programs. The IHRA definition, which is non-legally binding, seeks to fill the void by including both general principles and specific examples. It has struck a chord with endorsements from 45 countries and hundreds of provincial and local governments. And Canada has been a leader in this regard: the federal government adopted it in 2019 as part of its anti-racism strategy and the majority of provinces have followed suit with their own support measures.

Combatting antisemitism should not be controversial, yet a new Canadian effort to provide governments, businesses, and schools with greater clarity on implementing the IHRA definition has sparked opposition from the NDP and even outrage in some quarters.

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November 5, 2024 8 comments News