Post Tagged with: "free speech"

Free Speech * Conditions Apply by Fukt by Chris Christian (CC BY-NC 2.0) https://flic.kr/p/i3wYGf

Freedom of Expression Under Attack: The Liberal Government Moves to Have the CRTC Regulate All User Generated Content

Canadian Heritage Minister Steven Guilbeault appeared before the Standing Committee on Canadian Heritage last month and was asked by Liberal MP Tim Louis about “misinformation that somehow this [Bill C-10] would control, or regulate, or censor social media.” Guilbeault responded:

In the case of YouTube, for example, we’re not particularly interested in what people…you know, when my great-uncle posts pictures of his cats, that’s not what we’re interested in as a legislator.
When YouTube or Facebook act as a broadcaster, then the legislation would apply to them and the CRTC would define how that would happen. But really, we’re not interested in user-generated content. We are interested in what broadcasters are doing.

Guilbeault was referring to a specific exception in Bill C-10, the Broadcasting Act reform bill, that excluded user generated content from the scope of broadcast regulation.

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April 23, 2021 36 comments News
Montreal.  2019-09-27. by Justin Trudeau https://flic.kr/p/2hoJgMm

Why the Liberals Have Become the Most Anti-Internet Government in Canadian History

The Liberals led by Prime Minister Justin Trudeau were first elected in 2015 on a platform that emphasized transparency, consultation, and innovation. The signals were everywhere: it released  ministerial mandate letters to demonstrate transparency, renamed the Minister of Industry to the Minister of Innovation, Science and Economic Development to point to the importance of an innovative economy, and soon after the cabinet was sworn in, Canadians were awash in public consultations (I recall participating in an almost instant consult on the Trans Pacific Partnership). With promises of entrenching net neutrality, prioritizing innovation, focusing on privacy rather than surveillance, and supporting freedom of expression, the government left little doubt about its preferred policy approach.

As I watched Canadian Heritage Minister Steven Guilbeault yesterday close the Action Summit to Combat Online Hate, I was left with whiplash as I thought back to those early days. Today’s Liberal government is unrecognizable by comparison as it today stands the most anti-Internet government in Canadian history:

  • As it moves to create the Great Canadian Internet Firewall, net neutrality is out and mandated Internet blocking is in.
  • Freedom of expression and due process is out, quick takedowns without independent review and increased liability are in.
  • Innovation and new business models are out, CRTC regulation is in.
  • Privacy reform is out, Internet taxation is in.
  • Prioritizing consumer Internet access and affordability is out, reduced competition through mergers are in.
  • And perhaps most troublingly, consultation and transparency are out, secrecy is in.

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April 16, 2021 46 comments News
UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, speaks at the side event on "the misuse of anti-terrorism laws in Africa" on June 16 by Maina Kiai https://flic.kr/p/uPXDgD (CC BY 2.0)

The Law Bytes Podcast, Episode 79: David Kaye on the Challenges of Reconciling Freedom of Expression and the Regulation of Online Harms

Canadian Heritage Minister Steven Guilbeault is expected to soon introduce new legislation designed to address online harms through increased regulation. Reports indicate that the bill will target five categories of illegal content: hate speech, terrorist content, content that incites violence, child sexual exploitative content and non-consensual sharing of intimate content. The details will matter, however, as failure to ensure due process for content removal and strict limits on scope will raise constitutionality concerns.

David Kaye is a clinical professor of law at the University of California, Irvine, and served as the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression from 2014 until 2020. He joins the Law Bytes podcast to discuss the challenges associated with balancing regulation and preserving freedom of expression online, the policy considerations that governments should be thinking about, and the risks that arise from getting the balance wrong.

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March 8, 2021 1 comment Podcasts
This site contains blocked messages by Banksy by Duncan Hull https://flic.kr/p/nDggUx (CC BY 2.0)

The Law Bytes Podcast, Episode 77: The Complexity of Internet Content Regulation – A Conversation with CIPPIC’s Vivek Krishnamurthy

Canadian Heritage Minister Steven Guilbeault seems set to table another bill that would establish Internet content regulations, including requirements for Internet platforms to proactively remove many different forms of content, some illegal and others harmful or possibly even “hurtful.” Few would argue with the proposition that some regulation is needed, but venturing into government regulated takedown requirements of otherwise legal content raises complex questions about how to strike the balance between safeguarding Canadians from online harms and protecting freedom of expression.

Vivek Krishnamurthy, is a colleague at the University of Ottawa, where he is the Samuelson-Gluschko Professor of Law and serves as the director of CIPPIC, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic. He joins the Law Bytes podcast to talk about the complexities of Internet content regulation and the risks that overbroad rules could stifle expression online and provide a dangerous model for countries less concerned with online civil liberties.

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February 22, 2021 5 comments Podcasts
The Internet is the Problem by Alex Pang (CC BY-NC-SA 2.0) https://flic.kr/p/dvKhNb

The CRTC Knows Best: Panel Report Recommends Costly Overhaul of Canadian Communications Law to Regulate Internet Sites and Services Worldwide

The Broadcast and Telecommunications Legislative Review Panel released its much anticipated report yesterday with a vision of a highly regulated Internet in which an expanded CRTC (or a renamed Canadian Communications Commission) would aggressively assert its jurisdictional power over Internet sites and services worldwide with the power to levy massive penalties for failure to comply with its regulatory edicts. The recommendations should be rejected by Innovation, Science and Industry Minister Navdeep Bains and Canadian Heritage Minister Steven Guilbeault as both unnecessary to support a thriving cultural sector and inconsistent with a government committed to innovation and freedom of expression.

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January 30, 2020 20 comments News