Bill C-34, the government’s Safe Social Media Act, was touted as its approach to online age verification, adding a mandated age check for social media account creation for those under-16 and age verification for under-18s for access to pornographic content, all overseen by a new Digital Safety Commission. But it now appears the government is prepared to let Bill S-209, Senator Julie Miville-Dechêne’s age verification and website-blocking bill, proceed alongside it, creating new complications with inconsistent definitions and expanded regulatory powers. Bill S-209, which I have warned about since its predecessor Bill S-210 and opposed before a Senate committee last fall, passed the Senate in April and received its first hour of second reading debate in the House of Commons last month. The Liberals previously opposed Bill S-210, citing privacy and freedom of expression concerns, but this time the government supported sending the bill to committee and the House has now referred it on division to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. The shift surprised even the bill’s sponsor, and it opens the door to a two-pronged regulatory model that doubles down on age verification, features inconsistent definitions of pornography, establishes a second penalty regime, and could give the future Digital Safety Commission the power to seek website-blocking orders.

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