Protecting Young Persons from Exposure to Pornography Act

Bill S-209, Protecting Young Persons from Exposure to Pornography Act · Second reading · now at committee in the House Where it stands

What Bill S-209 would do

The bill would make it an offence for organizations to make pornographic material available to young persons on the internet. It would also allow a designated enforcement authority to take steps to prevent such material from being made available to young persons online in Canada. The published material gives no further detail.

Official text (opens in a new tab)

7 statements

Alexis Deschênes, Gaspésie—Les Îles-de-la-Madeleine—Listuguj

Bloc Québécois
“I want the House to pass this bill. It makes it illegal to share online porn with kids and lets the government block websites that do not check users' ages. Kids spend hours online every day, and seeing porn can harm them. This bill will not stop everything, but it will make it harder for minors to access it.”
Official Hansard

Mr. Speaker, what purpose do the laws we pass here serve? They serve to civilize society. That is what I have always loved about the law and the body of legislation built over time. Obviously, when new sectors emerge, the law often lags a little behind. The government has to catch up and figure out what is happening. With the development of digital and virtual technology, we have work to do as legislators. Last week, one of the topics we discussed was the digital services tax. A little while ago, we discussed Bill C‑34, which also seeks to regulate the social media sector. Now, we are now discussing Bill S‑209, which is a worthwhile bill. The Bloc Québécois supports it, because what is happening online should be regulated more. More and more people are living their lives online. The online world is increasingly becoming the place where people communicate, interact, meet and learn. It is crazy. I was looking at some statistics earlier. Young people spend more than three hours a day online. The law must adapt. One of the risks children face online is coming across pornographic material, and we know that exposure to such material can have damaging effects on their healthy sexual development. Bill S-209 seeks address that issue. That is why we support it. I want to say from the outset that the Association des pédiatres du Québec also supports this bill and believes that this initiative must be commended. I think that this bill will transcend party lines. Now that information technology makes pornographic content more widely available, the government has a duty to restrict minors’ access to such material as much as possible. Bill S-209 makes it an offence for organizations to make pornographic material available to young persons on the Internet. Furthermore, it enables a designated enforcement authority to take steps to prevent pornographic material from being made available to young persons on the Internet in Canada. This bill is motivated by a desire to better regulate online access to pornographic material through age verification, which is currently limited to a mere declaration. In fact, that is the main purpose of this bill. We should commend Senator Miville-Dechêne for laying the groundwork in Bill S-203, which is moving forward under a new name. The bill does not answer every question, but it sets forth the general principles of verifying the age of customers seeking access to pornographic content. Once enacted, the bill will authorize the relevant authority to make regulations establishing a specific framework to be implemented. The bill also sets out the consequences for pornographic websites that violate the law, whether or not they are hosted in Canada. People may be wondering whether we can still civilize the virtual world when everything is hosted overseas. The answer is yes, we can still take action within our own borders. The bill allows the government to block sites that fail to comply with the future age verification regulations. Is this a silver bullet that will ensure no child ever gains access to pornographic content? Probably not. There will always be ways to circumvent age verification measures, whether through VPNs or other workarounds. Nonetheless, we believe the bill will have beneficial effects because it will make access more difficult and, ultimately, protect children. In our view, supporting Bill S‑209 is common sense. It means standing up for measures designed to protect the public and promote healthy lifestyle choices. This bill addresses a real concern in our communities. That is why we will support this bill and recommend that it pass second reading.

Jeremy Patzer, Swift Current—Grasslands—Kindersley

Conservative
“I want the House to pass this bill. It requires age checks on porn sites. Watching pornography harms children's brains and leads to addiction and abuse. Stores already ban selling explicit material to kids, and we should do the same thing online.”
Official Hansard

Mr. Speaker, it is always an honour to rise on behalf of the great people of southwest Saskatchewan. I want to thank my colleague from just north of me in the province, the member for Battlefords—Lloydminster—Meadow Lake, for sponsoring this Senate bill to address the issue of kids accessing pornography online. As a father of three, including two teenagers, I appreciate seeing all the good work she has done over the years to support children and families. She lives with the modern reality facing parents because she is a mother of young children herself. Raising children who are minors is something each of us has in common with many others in the House, from all parties. That is the most important thing we should be focusing on here today. As parents, we want the best for our kids. We try to give them everything they need to have their best start in life. Our goal is to help them become adults who can reach their full potential for health, happiness, success and good character. While they are in the process of growing up, we want to keep them away from anything that is harmful to their development. It is an important part of our job to protect them when they are most vulnerable and too young to fully understand how certain things can negatively affect them and sometimes have a permanent impact, for life. As children enter their teen years, parents have to guide them through new challenges, including relationships and sexual development. I’ll quickly quote something from a book called Every Young Man’s Battle, which is written from a faith-based perspective to help teens think about these issues. The authors say to the young reader, “One of the most difficult assignments you’ll ever have is to integrate your sexuality with the emotional, spiritual, social, and relational person you want to be.” They goes on to talk about having a healthy outlook on sexuality, which is integrated and balanced with other parts of our lives, including our emotional, relational and spiritual needs. This is a special part of how we are made. We know it is supposed to be a beautiful expression of love, which should lead us toward personal fulfillment, but instead of following that type of path, pornography easily takes a young person in the opposite direction and quickly creates some distorted impressions. Especially during early puberty, or even before it begins, the damage of exposure to pornography can cause serious problems. One of those problems that can develop at a more formative time is addiction. As time goes on, now with more than one generation growing up with online pornography, we hear from professional and popular discussions about things like porn addiction and sex addiction. Like other forms of addiction, it has negative effects on the person experiencing it, but there are also ways for other people to be harmed, not only relationally but physically as well. That is why Bill S-209 starts off by saying that its purpose is to protect public health and public safety. To do that, it would bring forward a simple solution by requiring age verification. This is really nothing new. The law already has an age limit of 18 years old for selling or distributing sexually explicit material. We do not allow minors to access these things at a physical store in the real world, and having this rule in place has helped to achieve some good in the process. In some ways, it is similar to the idea of setting an age for people to buy alcohol, but everybody knows that in practice, the situation is very different when it comes to the Internet. The Canadian Centre for Child Protection has said that children as young as eight and nine years old can easily come across sexually graphic material online. In Alberta, a separate study of adolescents found that one-third had been exposed to pornography by the age of 10. There are people who will simply say that this is just boys being boys, and their curious minds will find this material regardless, but many people’s experience, and a huge amount of research, shows that it is a bigger problem than that, and I am going to explain why. The human brain is growing and not finished developing until the age of 26 or thereabouts. To put it simply, while a person’s brain is being wired and developing until they are 26, everything that happens in those first 26 years of their life goes a long way to determining who they are, because it can make a difference in how they develop at the biological level. Along with the psychological effects on mental health, we are also talking about experiences that can result in physical changes in the brain while it is still in the middle of development. Viewing pornography is obviously very different from having sex with a real person. Besides the direct experience, there is something different happening with the brain. Studies have shown that people who are addicted to pornography have a similar brain pattern to people who are addicted to cocaine. Now, take that brain pattern and place it in a preteen or teenage boy or girl, and we have a recipe for disaster. It creates an addiction and a dependency that they will continue to seek from now on, and this is happening at a crucial stage when they are forming their self-image or dealing with insecurities. At the same time, they are learning new ways to handle relationships with their peers and having their first experiences, which shape how they will handle intimate relationships when they are older. Here are some more stats. When intentionality is questioned, 44% of teens say they looked it up on purpose, but as many as 58% say they encountered porn accidentally. The rates of intentional consumption are actually higher among respondents who identify as LGBT. For that group, some studies show it was 50% higher or could even be 66% higher. We have these youth, who are already vulnerable and seeking affirmation for who they are, exposed to sexually explicit, graphic and violent material while working through deeply personal questions of identity. That higher rate of consumption actually puts them at even more risk than their peers of being victimized. Pornography also creates erratic behaviour and false expectations of what sex is. I am going to give a couple of examples of such behaviour, and what I am about to say is quite disturbing. There was a case of a 12-year-old schoolboy who raped his seven-year-old sister after watching hard-core porn with his buddies on an Xbox. After viewing this content, he wanted to try to do the things in real life that he was watching online. There was another instance in 2019 of a 14-year-old boy sexually assaulting his eight-year-old stepsister after watching pornography on a regular basis. These are both very shocking and disturbing cases, and it is a mistake to dismiss them as a couple of isolated incidents. They are alarm bells for a much larger problem. Stories like this are less surprising if we realize what is happening beneath the surface. When studies on this issue have been done, they have found that 38% of teens reported viewing porn that depicts rape, choking or deliberately causing someone pain; 21% agreed that “most people” like to be spanked, hit or slapped during sex; and the numbers get worse among those who purposely watch violent pornography. Those numbers skyrocket to 80% for teenagers who watch porn at least three times a week, yet only 30% say that some form of consent was given by the people in the videos. Pornography is destroying how healthy relationships are viewed. It is creating massively false expectations for intimate partners about what is deemed to be normal conduct in the bedroom. This is something that is hard to overcome. We could ask any cocaine addict how hard it is to overcome that addiction and then imagine what it is like dealing with this addiction. When we have expectations and ideas being influenced by violent pornography, it is not difficult to imagine how this can contribute to abusive relationships or domestic violence. All of this is why I support Bill S-209 to restrict access to pornography for young people. We can take action and require age verification. We can help to prevent and reduce early exposure among the future generations. We can take a simple step to fight some of the worst impacts of online pornography. It is impossible for government to replace the role of parents, and it should never try to do that, but it is also true that parents are looking for help to protect their kids online, and the government knows that. It says as much when it promotes Bill C-34 to restrict access to social media. I find it interesting that we are debating both of these bills at the same time. Hopefully, it helps my colleagues on the government side understand where this bill is coming from and support this one as well. There are real concerns with young people using social media, which I share as a parent, but it is also likely that the negative effects of online pornography are even substantially worse, yet Bill C-34 would do nothing to address an issue of protecting the innocence of kids and youth from material that they should never see. Parenting has always been a tough job, but it has only gotten more complicated in a digital world. The least we can do for them is to pass Bill S-209.

Louis Villeneuve, Brome—Missisquoi

Liberal
“I want to send this bill to a committee for study. It protects children by stopping them from seeing pornography online, which causes real harm to their mental health. It fits well with other government plans to make social media safer for young people.”
  • A repeated line

    “Our laws have not kept pace.”

    Said 4 times by 4 members since October 28.

    Every time it was said
Official Hansard

Mr. Speaker, I am pleased to rise today to speak to Bill S-209 on an issue that affects us all: our children’s safety online. A week ago, I welcomed my 17-year-old nephew, Charles André, to the Hill. He wanted to deliver a message to the Minister of Health and the Minister of Canadian Identity and Culture. He came to talk about how he became addicted to porn at the age of 10 and suffered psychological and physical harm as a result. Fortunately, my nephew has a strong support network and managed to break free from this vicious cycle. However, he wanted to make sure that our government puts measures in place to protect children. I want to commend him for his leadership and courage in speaking out publicly about his experience. The post about his meeting with the ministers went viral, and he had to deal with a lot of hateful and violent comments, which is another problem that comes with social media. However, he also received a lot of kind comments. Young people, mothers and fathers expressed their support for Charles André’s call for action, which strikes me as a clear message that people want to see the government take the necessary measures to protect our young people. Children across Canada use online services every day to learn, to express themselves and to connect with their friends, their family and their community. However, these services can also expose children to inappropriate and harmful content and interactions. These harms are very real. They can harm young people’s mental health, their development and their understanding of what healthy, respectful relationships look like. Too many children are exposed to measurable and preventable harms online, and our laws have not kept pace. Pornography is a big part of that challenge. Children are exposed to it, whether they are looking for it or not, including on services that many of them use every day, such as social media. All too often, it only takes a few clicks, without any verifications, for a child to access such content. Parliament is right to examine how we can reduce that exposure. Protecting children from such harm is a responsibility we all share, across party lines. I would like to acknowledge the work of Senator Julie Miville‑Dechêne, who brought this issue to Parliament’s attention through Bill S‑209, as well as the member for Battlefords—Lloydminster—Meadow Lake, who is sponsoring it in the House. This bill reflects a legitimate and widely shared concern that children should not have unrestricted access to online pornography. Let me be clear. Our government fully supports the principle underlying this bill, which is the protection of children. That is why I am pleased to confirm today that the government will support sending Bill S‑209 to committee for study. This bill is closely aligned with the work we are undertaking through Bill C-34, the safe social media act, but that alignment is not an obstacle. On the contrary, it is exactly why we should move forward with Bill S-209. Bill C-34 is based on a simple premise: A child’s online experience is shaped by the content they see, by the way these platforms are designed and by the interactions these platforms enable. These risks rarely exist in isolation. The content, the design and the interactions can combine to amplify the effects on children. That is why Bill C-34 proposes comprehensive measures to make online services safer from the design stage onwards. Furthermore, together with Bill C-36, it establishes a new framework to better protect Canadians online. Rather than relying on voluntary commitments from platforms, our government is proposing to enshrine clear legal responsibilities for operators of regulated social media services and AI chatbot services. Their duties would be brought together under a single framework based on transparency, accountability and independent regulatory oversight. Operators would have a duty to act responsibly by assessing and mitigating risks associated with harmful content. They would have a duty to protect children by incorporating age restrictions into the design of their services. They would have a duty to make content that sexually victimizes a child as well as intimate content communicated without consent, including deepfake sexual images, inaccessible within 24 hours. The bill would also prevent children under the age of 16 from opening accounts on regulated social media platforms unless those services can demonstrate that they are safe for them. As for chatbots, they will be required to direct users to support services when users express thoughts of suicide or self-harm. One important point is that Bill C-34 directly addresses children’s exposure to pornographic content. Under this bill, if the operator of a regulated service has reasonable grounds to suspect that its service is making pornographic content accessible, it would be required to implement age verification or age estimation measures. These measures should be sufficient to mitigate the risk that children will be exposed to pornographic content on the service in question. This requirement is also part of the broader duty to protect children set forth in the bill. The bill also provides clear safeguards by establishing a framework for these measures. Among other requirements, the regulator would be required to ensure that the measures are effective. Personal information could be collected or used only for age verification or age estimation purposes. It would have to be protected while it is being retained and then destroyed once the verification or estimation is completed. These requirements are set forth directly in Bill C-34. They are intended to ensure that the measures designed to protect children also respect privacy. To ensure that these protections are effective, the bill also provides for ongoing independent oversight. It recognizes that protecting young people online requires binding rules and a regulator capable of enforcing them. Bill C‑36 would create the digital safety and data protection commission of Canada, an independent, permanent regulatory body made up of members with proven expertise. For the first time, the major online platforms would be accountable to a Canadian regulator with real power. The commission would be able to conduct audits and inspections, issue compliance orders and impose administrative monetary penalties of up to $10 million or 3% of an operator’s gross global revenue, whichever is higher. It would review the digital safety plans that operators would be required to publish to explain how they are identifying and mitigating risks on their services. It could also make regulations to issue guidelines. The commission would offer support to victims of online harm. It would also serve as a recourse for users who are dissatisfied with a platform’s response to more serious content. It would operate independently. Platforms would no longer be able to get by on mere promises. They would have to demonstrate convincing results. Bill S‑209 and Bill C-34 are both grounded in a well-established principle: Children deserve to be protected, including online. Both bills recognize the importance of protecting children from being exposed to online pornography. This common objective presents an opportunity for us to consider how these two approaches can complement one another and strengthen our efforts to protect children online. That is why our government supports sending Bill S-209 to committee for study. Our commitment to protecting children is clear. The committee is the appropriate forum to examine Bill S-209 alongside the new framework proposed in Bills C-34 and C-36 and to ensure that these initiatives work together toward the shared goal of creating a safer online environment for children and families across Canada. By protecting our children, we are protecting Canada’s future. The experiences young people have online today will help shape the citizens, workers, innovators and leaders they become tomorrow. We have a responsibility toward them and toward Canada’s future.

Eric Melillo, Kenora—Kiiwetinoong

Conservative
“I want the House to pass this bill. Pornography harms the mental health and relationships of young people. The law already restricts porn by age, but nobody enforces it online. This bill forces adult websites to check users' ages, protects user privacy, and fines sites that do not comply. We check ID in stores for alcohol and tobacco, and online porn sites should follow the same rules.”
Official Hansard

Mr. Speaker, I am proud to stand today in support of Bill S-209. I certainly want to thank the members of the other chamber, who have worked hard to get the bill this far. I also want to thank the member for Battlefords—Lloydminster—Meadow Lake for her leadership in keeping this bill going and bringing it to our chamber. It has been discussed for quite some time in Ottawa, and I am pleased to see that it is moving forward. Very simply, Bill S-209 is about protecting Canadian children. I am certainly in no position to speak for all members of the chamber, or even all members of my party, although I am sure all members of this place would agree that children must be protected from harm and that parents should have the tools they need to protect their children online. Bill S-209 would protect children by requiring commercial pornographic websites to implement effective age verification or age estimation measures while including safeguards that protect Canadians’ privacy. I believe this is truly a targeted, common-sense approach requiring websites that host pornographic material to take reasonable steps in verifying or estimating their users’ ages. Before I get further into some of the specifics of what the bill would do and how it aims to achieve its objectives, I want to speak about the “why”: the issue the bill aims to address. We have heard some quite remarkable comments already from members on all sides about some of the challenges we are facing as a country regarding this issue. Research has associated minors’ exposure to pornography with harmful attitudes and beliefs regarding sexual consent, including those of violence and degradation toward women, in particular, as well as coercion and exploitation. We also know that early exposure to pornography has been found to lead to increased rates of peer-to-peer sexual abuse among youth, meaning in part that a lot of the problematic narratives and actions depicted in some of this content are leading to many youth having troubles in their relationships, especially as they begin to grow older and begin dating. There have been many studies about the impact that the exposure of youth to pornography has on their self-esteem. I would like to speak about that for a few moments. Studies note that pornography consumption is associated with a negative body image and self-comparison in both sexes. Research links porn consumption to feelings of anxiety and depression in young girls, which is an alarming statistic to read. When looking at the impact on young boys, a report from Australia notes that viewing pornography can create or exacerbate feelings of loneliness, anxiety and body dissatisfaction in young boys in particular. With all that knowledge being stated, there are also surveys that show that by the age of 16, over 70% of boys view pornography multiple times per week. If we put that into perspective, to step back and look at that alarming stat, we see that 70% of boys up to 16 not only have viewed some of this harmful content, but are regularly viewing content that can cause them to feel lonely, anxious and dissatisfied within their own bodies. This is unquestionably a great concern for the mental health of young girls and boys alike, and something that we should all be concerned about in this place. The concerns that I highlighted and just shared are among the reasons that pornographic material is subject to age restrictions in Canada. However, despite the extensive research proving how harmful the material can be to young people, there is no effective enforcement of these age restrictions. This leads to the reality that many underage children are accessing pornography. In fact, the average age of first exposure to pornographic material is 12 years old, with one-third of children exposed to pornographic material by the age of just 10. Further, for youth aged 14 to 18, there are studies showing that more than 70% report having viewed pornography. The fact that so many young Canadians are viewing content that, as I just highlighted, negatively impacts their mental health, their relationships, the way they view the world and the way they view their relationships should be of great concern to all of us. Again, I do not speak for all members, but I am sure all members would agree with respect to having these age restrictions in place. That is the right thing to do. It only stands to reason that these restrictions should be enforced effectively. Of course, having a law in place but failing to enforce the law makes the law essentially useless. That would apply to any law we have in place in Canada. Bill S-209 seeks to fix that inconsistency. The bill, if passed, would require websites hosting pornographic material to implement effective age verification or age estimation systems. As I mentioned, the bill would also establish financial penalties for non-compliance, of up to $250,000 for a first offence and up to $500,000 for subsequent offences. Further, Bill S-209 would give court authority to order Canadian Internet service providers to block access to non-compliant websites. The rules set out within Bill S-209 would apply equally to all sites accessible in Canada, including those based outside the country. I do understand that throughout discussion and debate on this, there have been some people who raised concerns about privacy and data collection, and I do not disregard those concerns. I would note, however, that Bill S-209 also does not disregard those concerns. Set out in the bill are very specific criteria for age verification. Among others, the bill would require that the age verification method be operated by a third party organization, maintain user privacy, protect personal information and destroy any personal information collected once the age verification is completed. To me, this is a common-sense proposal being brought forward. I think about the consistency of the laws we have in place. When Canadians purchase alcohol, tobacco, cannabis or lottery tickets, they must present valid ID at the discretion of the vendor. If we are to allow, as a Parliament and as a country, an entire industry that offers age-restricted materials to bypass that accountability simply because it exists online rather than in a brick-and-mortar storefront, to me that is nonsensical. Further to that, it is presently an offence for a retailer and also for an individual employee to sell age-restricted products, such as alcohol and tobacco, to minors. This means that in Canada right now, we are essentially holding minimum-wage workers such as those selling tobacco products at a gas station, for example, to a higher standard of accountability than we are holding multi-million-dollar companies providing pornography online. It only stands to reason that all age-restricted products should have more consistent enforcement. Companies that profit from providing pornographic content should be responsible for keeping it out of the reach of children, and the websites that fail to protect children should face serious consequences. That is why I support Bill S-209 and the goals set out within it. I believe this would be an important step in keeping kids safe and in ensuring that our laws are consistently enforced. I hope the House chooses to vote in favour of Bill S-209 and move it forward to the next stage of discussion. As always, Conservatives will stand with parents and families and will continue to fight for an online environment where all children are safe.

Jessica Fancy, South Shore—St. Margarets

Liberal
“I want the House to pass this bill and send it to committee for study. Children can easily see pornography online, and our laws have not kept up. This bill makes websites check users' ages to keep kids safe, which fits well with the government's other online safety bills.”
  • A repeated line

    “Our laws have not kept pace.”

    Said 4 times by 4 members since October 28.

    Every time it was said
Official Hansard

Mr. Speaker, I rise today to speak to Bill S-209, the protecting young persons from exposure to pornography act. I want to begin not only as a member of Parliament in the chamber but also from the perspective of a former educator and as a mom. Before I entered politics, I spent almost two decades working with young people. I saw their potential, their curiosity and their struggles. Every day, I was reminded that the adults in a child’s life have a responsibility to create conditions where they can learn, grow and thrive safely. Today that responsibility extends far beyond the classroom. It extends into a digital world that is available to our children 24 hours a day, seven days a week. That reality should concern us all. In rising here today as a mom, like parents across the country, I have watched technology transform childhood. Many of us remember growing up in a world where childhood had limits, where certain materials were difficult to access and where adults acted as gatekeepers. Today a child can stumble across explicit and violent sexual content in a matter of seconds, and not because they were looking for it, not because parents have failed and not because teachers have failed but because the online world has been built in a way that makes that exposure possible, and where, instead, they are learning from an industry designed to generate profits. That should alarm every one of us. As an educator, one of the most important lessons I tried to teach my students was the difference between reality and performance, yet when children encounter pornography at a young age, often before they are emotionally prepared to understand what they are seeing, that distinction becomes very blurred, as their expectations are shaped, their perceptions are shaped and their ideas about relationships are shaped. In some cases, those consequences can be quite profound. Our laws have not kept pace. Our Parliament is right to examine ways to reduce that exposure, because protecting kids from these harms is a responsibility we all share, regardless of party. I want to take a moment to also thank Senator Miville-Dechêne for her work and service by keeping this issue before us here in Parliament, as well as my colleague from Saskatchewan, with whom I sat on HUMA, for her undying support in protecting children. I am happy to also be a seconder to the bill. Our government is committed to keeping Canadians, especially children, safe, including online. We agree on the objective of preventing children from accessing online pornography. Bill S-209 shares this objective very closely and aligns with Bill C-34, the safe social media act. Let me be clear. Our government fully supports the principle behind the bill. Its alignment with Bill C-34 is not an obstacle. It is precisely why we support sending Bill S-209 to committee for study, as the bill asks the right questions and demands action to prevent children from accessing online pornography. At its core, the bill would require commercial providers of online pornography to take concrete steps to restrict access by people under 18 years of age The status quo is not acceptable. Online services must take greater responsibility to protect children from being exposed to harmful content on their platforms. The remaining question is not whether action is needed but how to build a framework that works in practice, protects privacy, can be enforced effectively and remains responsive as technology changes. Bill S-209 closely aligns with the work of our government that we are advancing through our safe social media act, Bill C-34, which would place an affirmative obligation on operators of regulated services. This would ensure that safeguards are put in place to mitigate the risk before children are exposed to harmful content, rather than after the situation has occurred. If an operator has reasonable grounds to suspect that its service makes pornographic content accessible, it would have to implement age verification or age estimation measures to mitigate the risk of children’s being exposed to this content. Adequate protection is the first consideration. The digital safety and data protection commission of Canada, an independent, permanent regulator that would be created through the safe social media act together with Bill C-36, would have to be satisfied that the measures implemented by an operator will meet that requirement. This is so essential, as the objective is not merely to demonstrate that an age assurance measure has been implemented. Its objective is to mitigate the risk that children will be exposed to pornographic content. This approach recognizes that regulated services do not all operate in the same way, as their designs, users and methods of providing access to content might differ. Bill C-34 would establish the required outcome and assign responsibility for assessing the adequacy of the measure to the regulator with the necessary technical expertise to do so. Second, Bill C-34 would also set clear limits on the collection and use of personal information for age assurance so that personal information could only be used to verify or estimate a person’s age, and it would have to be protected and destroyed as soon as the process is complete. These safeguards are built directly into the safe social media act because protecting children should not create new privacy risks. The digital safety and data protection commission of Canada would provide the continuing institutional capacity needed to apply this framework. As the body responsible for administering and enforcing that legislation, the commission would also assess the measures used by regulated operators and determine whether they satisfy the applicable requirements. This commission could establish guidelines concerning the protection of children in relation to regulated services. It could also make regulations specify design features that operators must integrate into regulated services as part of their duty to protect children. While this authority also extends beyond age assurances, it demonstrates the central role that the commission would play in giving practical effect to the duty to protect our kids, much like our senator’s bill. That continuing role is particularly important because age assurance technologies and industry practices will evolve. Different services might require different measures, and new evidence might identify more effective, privacy-protective approaches. The framework would therefore permit this flexibility and innovation without leaving adequacy entirely to the discretion of its regulators. As we know, the Internet has created some extraordinary opportunities, but it has also created unprecedented access to harmful content. The question before us is whether we are willing to acknowledge that reality and then take action. As a former educator, I want young people to learn about relationships through respect, empathy and healthy human connection. As a mother, I want children protected during the years when they are most vulnerable. As a woman, I want girls growing up in a society that values their dignity, equality and humanity. Those goals should be uniting all of us. This debate is not about politics. It is about children, families, the kind of culture that we are going to build for this next generation, and whether we are willing to say that the safety and well-being of our children matter more than a convenience of an online industry. I believe they do. For those reasons, I am pleased to support Bill S-209 and these objectives of protecting young persons from exposure to pornography online.

Rosemarie Falk, Battlefords—Lloydminster—Meadow Lake

Conservative
“I want the House to pass this bill. It makes pornography websites check users' ages so children cannot see sexually explicit material online. Parents cannot watch everything their children see on the internet, and other government bills do not cover all porn websites. This bill protects children while still letting adults access adult content and protecting people's privacy.”
Official Hansard

Mr. Speaker, protecting children from harm should always be a priority. As legislators, we have the responsibility to protect the vulnerable and put reasonable safeguards in place. I want to thank members from across party lines who have spoken in support of Bill S-209, which seeks to protect children from online pornography. Many members who have taken part in this debate are parents themselves. They understand the challenges of raising children in a digital age, when so much content is available at the click of a button. Children are being exposed to pornography at very young ages. Sometimes they come across it accidentally. Other times, curiosity leads them to content they are not mature enough to understand. The concern is not just how young children are when they encounter this content, but what they may see. Age checks are often absent or ineffective on websites that host pornography. Children can encounter videos that portray aggression, degradation and sexual violence. Some depict acts that can cause serious physical harm, including choking, while presenting them as healthy or even desirable. Children’s brains are still developing. They are learning to understand relationships, consent and appropriate behaviour. Repeated exposure to this content can shape how they understand sex, consent and expectations in relationships. Parents have a very important role to play. They set boundaries. They have difficult conversations and use parental controls, but in reality, they cannot monitor every search, every link or every video. They should not have to carry this responsibility alone. During this debate, the member for Vancouver Granville raised Bill C-34 as another way to address children’s exposure to online pornography, but that is not correct. Bill C-34 does not have the same explicit reach as Bill S-209. Bill C-34 would require age verification to user-generated pornography on sites like OnlyFans. Just so members know, OnlyFans is a site where users generate pornography and upload it. However, Bill C-34 does not stipulate age verification for pornography websites. The government has provided Bill C-34 to the House, a bill that is supposed to protect children, but it does not cover pornography websites. The Liberal government has not clearly stated that it intends to use the powers in Bill C-34 to ensure that all commercial pornography websites restrict children’s access. If we agree that protecting children from online pornography is important, we cannot just leave it to Bill C-34. We need a direct approach, and that is what Bill S-209 is. It is a targeted approach that would require all commercial pornography websites to use prescribed age verification or age estimation methods to restrict children’s access to it. To be clear, Bill S-209 would not ban pornography for adults. It would establish an additional safeguard to help keep this adult content away from children. It also would not come at the expense of Canadians’ privacy. This bill includes safeguards governing the collection, use and destruction of personal information used for age checks. We can protect children from content they are not ready to see while also protecting Canadians’ personal information. This issue has been before Parliament since 2016, when the House unanimously supported Motion No. 47, which called for a study on the public health effects of easy access to online sexually explicit material. This is the third version of this legislation being considered, yet children still lack these safeguards. Other jurisdictions, including the United Kingdom, France, Germany and more than 25 American states, have taken steps to restrict minors’ access to online pornography. We cannot keep debating this issue without taking action. Our children deserve safeguards, and I urge all members in the House to support Bill S-209.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want everyone to agree to end this debate now so we can move on to government business.”
Official Hansard

Mr. Speaker, I suspect that if you were to check, you would find unanimous consent to call it 6:30 p.m. so we can get on with government business.

Discussion

No comments yet

See the full discussion

Comment rules

More from sitting 157

  1. Oral Questions Finance 12 statements
  2. Oral Questions Intergovernmental Relations 6 statements
  3. Oral Questions Finance 4 statements
  4. Oral Questions Intergovernmental Affairs 6 statements
  5. Oral Questions Finance 10 statements
  6. Oral Questions Steel and Aluminum Industry 13 statements
  7. Oral Questions Natural Resources 6 statements
  8. Oral Questions The Economy 8 statements
  9. Oral Questions Labour 2 statements
  10. Oral Questions Parks Canada 2 statements
  11. Oral Questions Labour 2 statements
  12. Oral Questions Taxation 8 statements
  13. Private Members' Business Points of Order 2 statements
  14. Oral Questions Finance 6 statements
  15. Government Orders Safe Social Media Act 23 statements
  16. Private Members' Business Protecting Young Persons from Exposure to Pornography Act 7 statements
  17. Government Orders Safe Social Media Act 202 statements
  18. Adjournment Proceedings Adjournment Proceedings 4 statements
  19. Adjournment Proceedings Adjournment Proceedings 4 statements