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Bill C-63 (Online Harms Act)
For those who aren't following, Canada's Liberal government last month tabled a sweeping new bill targeted at regulating speech on social media. The bill lays out seven regulated categories of speech:
To enforce these restrictions, the bill establishes a set of new appointed government entities in order to enforce compliance with these rules by social media companies, with penalties running up to 6% of global revenue. In addition, it empowers Human Rights Tribunals to investigate complaints by individuals against other individuals and levee fines of up to $20,000.
Perhaps the most shocking thing about the public discourse around this bill has been... the lack of public discourse around this bill. What the hell has happened to us?
Maybe this is the inevitable end game of the gradually hollowing out of the Fifth Estate that has been happening all these years, including by the government itself who has been gradually buying themselves a loyal Ministry of Information through their steady funding increases to the CBC all these years. Maybe it's the disastrous result of a generation entering the body politic that has been steadily brainwashed by the ideologues running our school system, no longer able to form thoughts on their own or engage with the world for more than six seconds owing to a constant addiction to digital stimulation, building the world in their own small-minded safetyist self-image.
Or is it that despite what we promised ourselves never to do, we have finally let 9/11 age out of our collective memory? I for one remember a time not so long ago when the word "government" in Western countries conjured up associations with shady business interests, massive dragnet surveillance, imperialist wars for oil and geopolitical hegemony, extrajudicial black sites, and general suspicion and persecution of Muslims. It was the Big Bad Neocons who were trying to take over the world and police your thoughts. If our government at the time had tried to police online speech and set up a system of kangaroo courts in order to prevent "harms", our media would have been up in arms and many of us would have taken to the streets to protest. Yes, it was cool and righteous to be anti-government.
Now our government says only "extreme" online hate speech would be subject to the rules, and that despite the powers that the legislation grants in theory, they will behave with restraint. And are we really going to believe this, this time around? This is the same government and the same PM who labeled the entire trucker protest movement as Nazis, for the reason that someone used a swastika flag in order to call him a Nazi, and who subsequently imposed emergency powers to crush them.
And what about when the worm turns, and the next moral panic and/or government comes around? Will they persecute Trudeau in the courts for perpetuating hate through his use of blackface? From a cosmic justice perspective this is surely a satisfying outcome, but it's a lamentable world where our political process has degenerated into a saga of political gangsterism where the ingroup and outgroup each take turns exacting revenge on each other. This is definitely the direction we're headed in.
Of course, if you wanted the ridiculousness of the whole thing to be self-evident, you would be hard pressed to pick a better time to introduce the bill than right now. 25 years for "inciting genocide"? In a time when the word genocide is being thrown about wantonly by both Israel and Palestine supporters as the accusation du jour, no one knows exactly what inciting genocide means, except that you can get 25 years for doing it on social media when Albert Speer got only 20 years for his role in architecting a system of literal concentration camp slave labour.
I've got to hand it to the government though, because when you look at who will bear the burden of actually policing social media day-to-day, they have sidestepped the real responsibility. No, it's the social media companies themselves that will determine what does and doesn't constitute hate speech, inciting genocide, bullying a child, whatever. Failure to comply is not an option, because they can be fined up to 6% of their global revenue. Assuming they decide to continue operating in Canada, I have no doubt that given the choice between trying to toe the line and interpret the rules reasonably, and dialing up their content filters to 11, they will choose to play it safe and do the latter. As the late Charlie Munger advised us: never underestimate the power of incentives, which of course we will because we're a nation that seems to do so repeatedly and pathologically at every turn.
Now all that being said, I have avoided the seemingly mandatory disclosure by commenters on this particular issue that there are parts of this law that I'm in favour of (less anyone accuse me of being against protecting children from sexual victimization). I am generally in favour of criminalizing suicide encouragement towards a child, and revenge porn, as long as these trangressions are held to the same level of scrutiny as say, uttering death threats, and are tried to high standards in a criminal court. As I've explored a bit, hate speech, inciting violence, and inciting violent extremism or terrorism are all going to be far too open to interpretation and used to suppress political debate and dissent. As for "content used to bully a child", I don't even think I have to go into just how vague that is or how likely it is to lead to an overwhelming flood of investigations and complaints, and I don't believe that we even should reasonably attempt to protect other people's children from most forms of bullying. So there's the nuance of my position.
In the end, what we will end up with if this bill passes will be a bland, claustrophobic version of the internet where political discussion is restricted to the point that we can barely talk about the weather, and so we just spend all our time online shopping and looking at pictures of food. And for all our political apathy in this county, it might be exactly what we deserve.
This line of reasoning never works. The whole reason that this legislation is on offer is because progressives have achieved total cultural victory in Canada.
If Trudeau thought this would ever be used against him, then it would never have been proposed.
Instead, they believe it will be a useful tool to further stifle dissent. They don't believe the worm will ever turn. Maybe they're right.
Trudeau is not known for being very bright though. I mean this seriously. I know people who know him and they've said this. It's not just based on the many dumb things he's said and done publicly.
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