Bill S-210, termed the Protecting Young Persons from Exposure to Pornography Act, recently passed the Senate, despite prior contentious discussions surrounding Bills C-11 and C-18. Canadians, weary from previous debates on internet-related legislation, might find themselves disinterested in yet another bill concerning online regulations. However, the nature of this particular bill warrants attention due to its proposals for government-endorsed censorship, mandatory age verification for access to search engines and social media, and the establishment of a framework allowing court-ordered website blocks.
Interestingly, while this bill was not introduced by the government it found support from NDP, and some backbench Liberal MPs. This collaboration stands in contrast to the past months’ discourse, where concerns were raised regarding internet freedom, fears of censorship, and reservations about the CRTC’s regulatory influence on the internet. Notably, Conservative MPs, despite previously championing internet freedoms and expressing worries about overregulation, supported the bill, with Conservative MP Karen Vecchio serving as its House sponsor.
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This shift in stance has left Canadians puzzled, especially given the previous emphasis by some MPs on safeguarding internet liberties. The bill’s advancement to the Public Safety committee for review after garnering majority support during its second reading in the House of Commons signifies a potential shift in the discourse surrounding internet governance. This development prompts a reconsideration of the evolving perspectives and alliances concerning online regulations among Canadian policymakers.
However, the parameters of Bill S-210 extend beyond individual measures to restrict underage access to explicit material on domestic websites. Instead, it outlines a structure for global website accountability enforced by the government, involving website blocking and mandated age verification systems, possibly incorporating face recognition technologies. The envisaged regulatory framework is anticipated to be administered, potentially, by the CRTC.
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The envisioned approach of government-backed global website liability, coupled with mandated technological measures, introduces concerns regarding privacy, technological feasibility, and the broader implications of such stringent regulatory measures on online freedom and accessibility.
Bill S-210 operates on a fundamental premise: prohibiting organizations from providing sexually explicit material to individuals under 18 for commercial purposes. The bill outlines penalties of $250,000 for the initial offence and up to $500,000 for subsequent breaches. It extends to a wide spectrum of entities, as defined under the Criminal Code, presenting three potential defences:
Firstly, organizations employing a “prescribed age-verification method” to restrict access can claim compliance. The specific methods qualifying as per government standards, ensuring reliability and privacy, would be determined by authorities. Notably, a considerable global market exists for vendors selling these technologies, advocating for such legislative measures.
Secondly, organizations can assert a “legitimate purpose” linked to fields such as science, medicine, education, or the arts as a defence.
Lastly, organizations responding to enforcement agency notifications—presumably the CRTC—by undertaking necessary access limitations can use this as a defence strategy.
The implementation of this bill falls within the purview of a designated regulatory agency. This agency holds the authority to issue violation notifications to websites and services, stipulating compliance measures. Remarkably, this entails governmental oversight, where regulatory agencies dictate how websites interact with users to prevent underage access. Failure to comply within a 20-day window could prompt the regulator to seek a court order mandating Canadian ISPs to block access to the non-compliant site for their subscribers. This process involves identifying the ISPs subject to the blocking order.
The website blocking measures in Bill S-210 are primarily aimed at restricting user access. A significant concern emerges regarding the risk of overblocking. The bill not only considers the potential blocking of lawful content or restricting access for those over 18 but explicitly permits it.
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Moreover, the bill’s scope is not confined to pornography sites alone; rather, it encompasses any platform offering sexually explicit material. This broad application could encompass search engines, social media like Twitter, or forums like Reddit, where access to explicit content is easily accessible. Such systems raise valid privacy concerns.
While the objective of shielding young individuals from unsuitable online material is crucial, the methods proposed in this bill—government-backed censorship, mandatory face recognition, and restrictive age-approval prerequisites—overshadow the commendable goal and raise considerable concerns regarding privacy and accessibility to essential online services. Therefore, supporting this bill in its current form could potentially undermine fundamental aspects of online freedom and privacy rights.
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