EXPLAINER: What Types of Platforms Are Covered Under the New Online Harms Legislation

The X and Facebook logos on a smartphone screen in a file photo. (Chris Delmas/AFP via Getty Images)

The Liberal government’s new bill addressing “online harms” will apply to all content posted to social media, live-streaming, and adult websites, but bypass private communications.

Bill C-63 seeks to amend the Canadian Criminal Code and Canadian Human Rights Act to regulate the internet when it comes to content involving sexual exploitation, bullying, deepfakes, and “hateful conduct.” It also seeks to establish a Digital Safety Commission and other organizations to ensure digital platforms are following the new rules.

According to a technical briefing released on Feb. 26, the legislation will apply to three categories of online content: social media services, live-streaming websites, and user-generated adult content services.

A government official told reporters that social media and live-streaming services would include platforms like Facebook, Instagram, TikTok, X, LinkedIn, and Twitch.

User-generated adult content services would include pornographic websites like Pornhub or XVideos, which allow users to upload adult content.

The official also told reporters that private communications will be excluded from the legislation, which includes correspondence through email and direct messaging on social media. However, he said groups that are made public on social media, where there are “an unlimited number of people” who join, would be included under the legislation. This would likely apply to Facebook and Telegram groups.

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“That exclusion reflects the fact that we heard very clearly from Canadians as part of the previous consultation that there is a need to respect the privacy of Canadians, and the focus of the bill should be on public-facing communication,” he said.

A readout of the text of the bill states that the Act does not apply “in respect of any private messaging feature of the regulated service.” The bill defines private messaging as a feature that allows a user to communicate content to “a limited number of users determined by the user,” and does not allow a user to communicate content to a “potentially unlimited number of users not determined by the user.”

The briefing on the bill also adds that the Governor in Council can decide to add additional social media services to the scope of the bill “when they pose a significant risk of harm.” The official said this would be determined through an “open regulatory process” that would be made openly and transparently.

Under the Act, online services will need to comply with three government-assigned duties, including the duty to act responsibly, the duty to remove some types of content, and the duty to protect children. A government official told the media that the regulations will include penalties for non-complying companies, which could go up to 6 percent of revenues.

Conservative Leader Pierre Poilievre has denounced the incoming bill as the Liberal government’s “latest attack on freedom of expression.” Prime Minister Justin Trudeau says the legislation is necessary to keep children safe from child sexual exploitation, bullying, “and the kinds of mental health distress that far too many of our young people are going through.”