Safe Social Media Act

Bill C-34, Safe Social Media Act · Second reading · now at committee in the House Where it stands

What Bill C-34 would do

The bill would create the Digital Safety Act and set up the Digital Safety Commission of Canada to oversee it. Operators of regulated social media and chatbot services would have to mitigate exposure to harmful content, label synthetic content, and protect children through design features and age limits. Platforms would also have to remove non-consensual intimate content and child sexual abuse material, and submit digital safety plans to the commission.

Official text (opens in a new tab)

11 statements

Elizabeth May, Saanich—Gulf Islands

Green
“This bill assumes social media companies must exist as platforms. I want the government to think about treating them as publishers instead. If we treat them as publishers, existing laws would already hold them responsible for harmful things they put online.”
Official Hansard

Mr. Speaker, I really appreciate the hon. member’s speech. The difficulty I struggle with is that even as good as the bill is, there is an assumption that these so-called platforms have a right to exist, that they are a part of our world and we cannot do anything about it. I wonder if the government has given any thought, or whether it would be something the member could take up within the caucus, to how if we did not call them platforms and instead called them publishers, we would have a mountain of common law for what we do when a publisher publishes something damaging. If there is joint and several liability, it is the person who posts something anonymously and the publisher who are responsible. This is a larger question, but I want to pose it now.

Elizabeth May, Saanich—Gulf Islands

Green
“This bill is not strong enough. It should punish social media companies when they cause harm. It should hold bosses personally responsible and send them to jail.”
  • Question or comment in debate

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Official Hansard

Madam Speaker, I have been struggling with Bill C-34 since it was first introduced. I think the minister is terrific. I know the intent of the bill is great, but it is a lot of blank space. One part that really worries me is clause 85, which I will read. It is short. It says, “The purpose of a penalty is to promote compliance with this Act and not to punish.” In the case of criminal responsibility and people who have fallen on hard times, I do not think our criminal justice system should focus on punishment. In dealing with these corporations, I want to kill them. I would like to pull their corporate right. I am not acting as a policy wonk here. I am an enraged mother. I want to punish them. Why does this bill not suggest strict liability? Why does it not suggest that a CEO whose company engages in a proven harm, such as Amanda Todd’s death, go to jail?

Elizabeth May, Saanich—Gulf Islands

Green
“I want to correct what I said earlier. The legal term is involuntary dissolution. I oppose the death penalty for human beings, but I support ending the existence of corporations.”
Official Hansard

Madam Speaker, on a point of order, I would like to clarify that, in law, the term would be “involuntary dissolution”. A corporate entity is not a natural person, but it may get the powers of a natural person. I am a pacifist. I do not want capital punishment for human beings. I want it for corporations.

Elizabeth May, Saanich—Gulf Islands

Green
“I do not support this bill. Social media companies design addictive products that harm children and seniors. This bill has weak penalties that will not force these companies to keep kids safe. The law should allow us to shut them down if they harm our children.”
Official Hansard

Madam Speaker, I want to get back to the point I was making to the member for University—Rosedale. I do not think we disagree in this place that the companies that are producing the hazardous product of so-called online services on what they call platforms are way smarter than any bureaucrat and way smarter than anyone drafting this legislation. This is their playground. They know what they are doing with algorithms. They know how they are making addictive content to keep people scrolling, whether it is seniors or children. How do we create a maximum incentive for the producer of the hazardous product to keep our children safe? This bill would not do that. This bill says the penalty is to encourage compliance with this vague law. It does not say we can drive them out of business if they harm our children.

Elizabeth May, Saanich—Gulf Islands

Green
“Social media is dangerous for our children, just like cars without seat belts used to be. I want to change this bill to give tech companies the highest possible fines if they harm kids.”
Official Hansard

Madam Speaker, I thought the analogy to seat belt legislation was particularly useful. We are talking about an inherently dangerous product in what is available online and the threat it poses to our children. This is really not unlike consumer protection legislation. It is not unlike what we do with other dangerous products in terms of regulation. We really want to be able to lower the boom on a corporation, just as we did, for instance, on ones that made cars at the time but did not put in seat belts once that was regulated and required. Would the hon. member be interested, as I am, in figuring out how we could amend this legislation to create the maximum incentive on the corporate tech billionaires and trillionaires to make them see that Canada is not a good place to do business if they are going to harm children, and that the penalties would scare the hell out of them?

Elizabeth May, Saanich—Gulf Islands

Green
“We all want to protect children from online harms. This bill does not ban kids by age, but we could change it to punish social media companies heavily if they fail to protect children. I want to know what the member thinks of that idea.”
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Official Hansard

Madam Speaker, there is something of a lovely age gap between the member for New Westminster—Burnaby—Maillardville and I, and it is with a sense of generational continuity that I address him. Our first conversation was about how his best friend was the grandson of one of my very best friends. This is one of those things where some of us have more familiarity with social media than others. I want to ask a question following up on the question from my friend from Sherwood Park—Fort Saskatchewan. We do not really have an age ban in the bill. I think all of us are united in wanting to protect children from online harms, but my current fixation is what we could fix through amendments to this bill. We could create incentives for corporations to protect children in Canada, saying that otherwise, they would suffer significant and crushing financial or personal punishment. They would then be highly incentivized to make sure their platforms do not harm our children. Does the member have any thoughts on that?

Elizabeth May, Saanich—Gulf Islands

Green
“Misinformation is an honest mistake, but disinformation is lying on purpose. We should not mix them up. I want to know if the person enforcing this law will use the normal dictionary definitions for these words.”
Official Hansard

Madam Speaker, I am surprised that we are discussing the difference between misinformation and disinformation. I think my friend from Sherwood Park—Fort Saskatchewan would agree that if we look at any dictionary definition, “misinformation” can be understood to be an error or mistake, and “disinformation” is defined universally as being deliberately deceptive. Spreading something with the intent to deceive is usually what we find in the dictionary there. I think it is important in this place that we not suggest they are the same term or that they can be confused. In terms of this legislation, I know there is a lot to be determined later in regulations. For that terminology, can we assume that any commissioner will rely on commonly understood Oxford English Dictionary sorts of definitions for the difference, with “disinformation” meaning deliberately deceitful?

Elizabeth May, Saanich—Gulf Islands

Green
“I am voting for this bill so it goes to committee, but it needs to be much stronger. Social media and artificial intelligence hurt children and seniors. Tech companies make huge profits while harming people. This bill does not punish them enough. A ten million dollar fine is just the cost of doing business to these companies. At committee, I want to add real punishments. Company bosses should be personally responsible, and they should face criminal charges if their negligence harms a child.”
Official Hansard

Mr. Speaker, I am rising, of course, to say that in relation to Bill C-34, which would enact the digital safety act, I want to vote for it, I want it to get through second reading and I want it to get to committee, but I am not wildly enthusiastic about the bill. I am desperately upset and nervous. I hear from all my constituents. I have to say, I hold a lot of community meetings in my riding of Saanich—Gulf Islands. In nine different locations, in a compressed period of time, I saw hundreds of people between Labour Day and when Parliament resumed. At every single one of those meetings, constituents expressed concern about amounts of screen time, about how to protect kids and particularly about artificial intelligence. From the time we first started looking at this kind of legislation with Bill C-63 to now, looking at Bill C-34, the inclusion of chatbots in this legislation reflects the degree to which the government recognizes that it is not just that kids are being exposed to horrible images. Kids, and seniors for that matter, are tricked by fraudsters who may not be real people at all. A real live human being, whether they are a troubled adolescent or a senior, can be drawn into deep harm by things that are accessible on websites and on platforms, or whatever we want to call them, and damage is done on gaming sites across the spectrum of what is available on the Internet. With what young people see, and the ways that it affects mental health, the harms that are done have outraged Canadians from coast to coast to coast and people around the world. We have already had many members reflect on the experiences in Australia, the U.K. and New Zealand, and other efforts by other jurisdictions around the world, other democracies, where there is outrage. I think of the tech giants and the “tech bros”, as they are referred to, whether it is a Zuckerberg or a Sam Altman, as almost, in a historical sense of the growth of human civilization, a cancerous growth that is nothing but harmful. They do well for themselves, but they harm everything all around our society. The reality of their business model is that they harvest private information. They dive deep into our lives. They have damaged Canadian democracy. We should never have given up the digital services tax. We must find a way to try to extract back for Canadian society some of the damage they have caused, but in the meantime, the damage gallops ahead, and now we are looking very seriously, and heartbroken, at the loss of life of our children and the mental health crisis in a number of kids. I would refer to speeches I have heard in this place, which were excellent, from people across the spectrum, like the hon. member for Lethbridge, who was one of the first speakers on Bill C-34; the member for Outremont, the parliamentary secretary; and just recently tonight, the member for University—Rosedale. Many of us speak not just as parliamentarians but as mothers and, in my case, as grandmothers. I am, as I mentioned earlier tonight, enraged by what these corporate pirates have been able to get away with. Bill C-34 is a good-faith effort. I have met with parent groups that have self-organized, groups like Unplugged Canada, who say that if Australia can do it, we should too. It is true that Australia’s ban for kids under 16 has not worked entirely; 70% of young kids under 16 in Australia are still accessing social media. Frankly, though, if 30% of kids who were on social media in Australia are off, that is better than nothing. These places are dangerous. I would prefer not to call them “platforms”. Members may have heard me mention this before. We let them call themselves something novel, and in doing so, we allowed them to escape responsibility for what they do. We should have, as a society and across many countries, said, “Hey, you guys. You made up this name, ‘platform’. What does it mean? You’re a publisher, aren’t you?” If we called them publishers, there is abundant jurisprudence in common law for what to do with a publisher who publishes scurrilous and libellous content. The publisher and the originator of that content are jointly and severally liable, and that has been very effective in making sure that newspapers do not publish anonymous attacks that amount to libel. Instead, we have this sort of neutral term, “platform”, like it is friendly. That is what we thought at first, right? Facebook is friendly. We can make friends on Facebook. Facebook has managed to evade a lot of basic legal principles. Getting past my outrage as a mom and a grandmother, I look back to my law school background and when I practised law. Where are the principles here from which we can draw some background knowledge, some tools that work? We are here as parliamentarians making laws, so I would like to rely on some solid background jurisprudence that works here. Obviously, we know there are flaws in Bill C-34. I want to get it to committee. I think the largest flaw is the degree of unknowns in passing the piece of legislation. We do not know what the regulations will look like. We are giving a lot of power to an idea of a commission. It may be the best idea since sliced bread, but there is the digital safety commission and the notion that there will be digital safety plans and that they will be able to evolve things in a magical way that is not yet entirely described. It does not mean I am not going to vote for this at second reading, but it means I would like to see some buttressing. I thank the Minister of Canadian Identity, who has been consistent since the bill was tabled in June in saying we are going to take time to study it. There are competing interests. Where are we on the civil liberties side? Where are we on groups like OpenMedia? Where are we with enraged parents, with Unplugged Canada? Can we not find some way to improve the legislation in committee to such an extent that we have societal consensus that this will work? To do that, I started, again, looking at it like a lawyer, as I tend to do, and wondering why on earth we would decide to say, as the bill says at clause 85, “The purpose of a penalty is to promote compliance with this Act and not to punish.” Why would we not want to punish a corporate actor, a private sector profit-making pirate? Why would we not want to punish them if their negligence leads to a child’s death? I would like to punish them. Do we think these penalties are going to encourage compliance with the act? The maximum penalty is found at clause 88, at $10 million. To these guys, it is a slap on the wrist. It is the cost of doing business. I would like to make the legislation have some teeth that would guarantee that whatever platform or gaming or new device they dream up, whatever it is they put out there, they will think, “Uh-oh, we’re in Canada. We’d better be careful. We can’t allow a child to be harmed. If we allow a child to be harmed, that’s catastrophic for our bottom line.” There are ways to do that. I think one of them is to not say that the purpose of penalties is to encourage compliance. Let us say that the purpose is to punish the hell out of them, and if they, as corporations, think they are going to come into Canada and not understand the duty to protect children, again, let us look at our precedents. We have a lot of laws on consumer protection. The member for Halifax earlier said it was like passing a law that said we had to wear seat belts. Well, guess what. It was illegal to sell a car that did not have seat belts. It was not just a slap on the wrist. One could not do business. If we are regulating a product that is inherently dangerous, and these social media platforms are inherently dangerous, we had better make sure we have teeth behind our regulation. Here is a well-worn principle: strict liability. Let us attach strict liability to making sure that children are protected. Let us not just say “an operator” has a duty to protect children, but the directors of a corporation. Personal liability attaches to directors. At that point, we have their attention because maybe they are going to jail. Criminal negligence and strict liability are principles I would like to see added into the act when it goes to committee, as amendments. We need to get this right. We need to move ahead. We cannot afford to wait. These companies will come up with new tools and new toys and new tricks. We cannot outsmart them, we cannot outrun them, but we can hold them to account.

Elizabeth May, Saanich—Gulf Islands

Green
“I want to change this bill in committee to punish social media companies more. We should make the bosses of these companies personally responsible when their platforms do harm. That is the best way to get their attention.”
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Official Hansard

Mr. Speaker, yes, I have a lot of ideas and I hope to be able to propose amendments in committee, especially when it comes to punishing social media platforms. Furthermore, there are precedents. I want to mention quickly that if we look at what we do with anti-spam legislation in Canada, that is attaching to directors their behaviour. If they are aware of this conduct and they direct it, they are personally liable. That is the kind of thing that really gets their attention.

Elizabeth May, Saanich—Gulf Islands

Green
“I want the committee to have enough time to study this bill without any time limits. We need to listen to witnesses and not rush, so we can write the best law possible.”
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Official Hansard

Mr. Speaker, it is very important for the committee to have time to really study the bill, without closure or time limits. First, the committee needs to listen carefully to the witnesses and take the time to draft the best possible bill. That is why it is so important not to rush things. It is important to take the time to reflect carefully and draft the best possible bill.

Elizabeth May, Saanich—Gulf Islands

Green
“The proposed commission might not be truly independent since the government picks and pays the commissioner. But the bigger problem is that this bill does not punish social media companies harshly enough when they fail to protect children.”
Official Hansard

Mr. Speaker, the idea of the commission is not a bad one, but it is still very vague. There is also the issue of independence. The commissioner will be chosen by the government or the minister of the day, draw a government salary and implement the government’s policies. It is therefore not entirely clear that the commissioner will remain fully independent. However, that is not the main problem. In my view, the problem is that we have an extremely important duty to protect Canada’s children and youth. It should be with the possibility that if they violate that duty to protect our children, they are going to suffer consequences so severe that they are highly motivated to ensure that their conduct avoids harm to children.

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