Bill C-34, which would ban social media accounts for under-16s, is now before the Standing Committee on Canadian Heritage, which just approved plans to hold at least 16 hours of hearings starting the week of November 16th. The government’s position on the bill became clearer during several days of debate last month at the House of Commons, revealing a shift in how MPs describe the ban (it’s now euphemistically called an “exemption model”), how they defend the decision to leave dozens of key issues to future regulations (one implausibly claimed that addressing all the issues would create a 1,500 page bill), and what they think of mandated age verification (some admitted to concerns about it). The takeaway was that the ban and the uncertainty in its implementation will be difficult to defend at committee.
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The Wrong Ban: The Heritage Committee Backed a Targeted Ad Ban for Kids and Stopped Short of a Social Media Ban, Yet the Government Chose the Reverse
The House of Commons Standing Committee on Canadian Heritage conducted an extensive study on the effects of influencers and social media on children and adolescents over the past year and released its report in June. The committee, which will soon lead the review of Bill C-34, produced 13 recommendations including a legally enforceable duty of care, an independent regulator with monetary penalties, safety-by-design requirements, defined categories of harm, and the inclusion of AI chatbots and deepfakes. Given the overlap with the government’s social media bill, it is no surprise that the government endorsed many of the recommendations this week. There is an outlier, however: the committee considered two potential bans, one on targeted ads for kids and the other on underage access to social media. The committee recommended the ad ban and stopped short of the social media one, but the government reversed the approach, declining the ad ban while legislating the social media ban for under-16s.
AI Without Canada: Why the Heritage Committee’s AI Report Could Lead to Less Canadian Content in the Training Data
When I appeared before the Standing Committee on Canadian Heritage last fall for its study on AI and the creative industries, I emphasized that the large language models and generative AI systems that are reshaping how people access information, culture, and entertainment are only as representative as the data on which they are trained. If Canadian works, perspectives, and cultural content are absent from those models, Canada risks disappearing in the AI-mediated world. The committee’s report, released this month, acknowledges this concern, but its lead recommendation risks making the situation worse.
Government Reveals Digital Policy Priorities in Trio of Responses to Canadian Heritage Committee Reports
The Canadian government has responded to three reports focused on digital policies from the Standing Committee on Canadian Heritage, shedding new light on potential future policies and priorities. The three reports – on tech giants, local media, and harms caused by illegal sexually explicit materials posted online – recommended a wide range of measures that include new laws, regulations, and government programs. The government sidesteps some of the recommended legislative reforms in its responses signed by Heritage Minister Marc Miller, suggesting limited interest in committing to broad-based platform liability rules.
The Law Bytes Podcast, Episode 249: The Debate Over Canada’s AI Strategy – My Consultation Submission and Appearance at the Canadian Heritage Committee
The government’s AI consultation concluded at the end of October with expectations that a strategy will emerge before the end of the year. I participated in the consultation with a brief submission and in an appearance as a witness before the Standing Committee on Canadian Heritage for its study on the effectiveness of technological advances in artificial intelligence on the creative sector. That study touched on many of the same issues as the AI consult with robust discussion on transparency, regulation, and navigating potentially conflicting policy objectives. This week’s Law Bytes podcast offer up a taste of both with the key issues raised in the submission and clips from the committee appearance including my opening statement and exchanges with multiple MPs.
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