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)

202 statements

Natilien Joseph, Longueuil—Saint-Hubert

Liberal
“Can my colleague explain how this bill makes platforms responsible for online safety, instead of leaving it up to users?”
Official Hansard

Mr. Speaker, I want to congratulate my colleague, as well as the people of Mont‑Saint‑Bruno—L’Acadie on having him as their member of Parliament. Can my colleague explain to the House how this bill will require the platforms to take responsibility for digital security rather than leaving it up to users to protect themselves?

Bienvenu-Olivier Ntumba, Mont-Saint-Bruno—L'Acadie

Liberal
“This bill holds social media companies accountable. If they do not follow the rules, a new commission will fine them 3%.”
Official Hansard

Mr. Speaker, this bill is not going to impose bans without consequences. These companies know that. We have included penalties of 3% if they fail to reliably implement everything contained in this bill. There will be 3% penalties. This bill requires accountability. We take comfort in the fact that if companies fail to comply with or respect this bill, they will be penalized by the commission that will be established.

Guillaume Deschênes-Thériault, Madawaska—Restigouche

Liberal
“Parents cannot watch their children all the time. We expect kids to be safe at school and in other public places, and they should be safe online too. I want rules that protect children on social media, and I want my colleague to speak more about this.”
Official Hansard

Mr. Speaker, as my colleague explained, parents cannot monitor their children 24-7. In various settings in real life, we have certain expectations regarding the protection of children, whether at school, in community organizations or in different institutions. When we leave our children in these settings, we expect them to be safe. Today, the virtual world is playing an increasingly important role in our everyday lives. It is a fact that children spend time in these virtual spaces. That is why I think it is important to put certain regulations in place to ensure the safety of our children when they use platforms like social media. I would like my colleague to talk a bit more about that.

Bienvenu-Olivier Ntumba, Mont-Saint-Bruno—L'Acadie

Liberal
“I want this bill passed to keep children safe online and prevent harm before it happens. It will hold companies accountable by fining them up to 3% of their global revenue if they do not protect kids.”
Official Hansard

Mr. Speaker, as I said very clearly in my speech, through this bill, we must show them that we are prepared to take action not only when harm occurs, but also before it occurs. This bill is not only preventative. It is also coupled with corporate accountability. As I said in my speech, children are not safe only at home and at school. When they leave those settings, they are exposed to the digital world. We need to make sure that our children are protected and safe in that world. If they are not, companies will be held accountable, and their fees could amount to 3% of global revenues under the provisions of the bill.

Guillaume Deschênes-Thériault, Madawaska—Restigouche

Liberal
“Why is it important to create an independent digital safety commission? Why is this a step forward?”
Official Hansard

Mr. Speaker, quickly, why is it important to establish an independent digital safety commission? Why is this a step forward, according to my colleague?

Bienvenu-Olivier Ntumba, Mont-Saint-Bruno—L'Acadie

Liberal
“I support this bill because it creates an independent commission to enforce the rules. It will check how companies verify users' identities. Companies that break the law will face a 3% penalty.”
Official Hansard

Mr. Speaker, one of the things I like in this bill is that the commission will ensure that the provisions are applied and enforced. This is an independent commission that will closely monitor identity verification and ensure that the law is enforced. If the law is not obeyed, companies will be held liable and subject to a 3% penalty.

Natilien Joseph, Longueuil—Saint-Hubert

Liberal
“Can my colleague explain how the new safety commission will watch these platforms, make sure they follow the rules, and hold them accountable if they do not?”
Official Hansard

Mr. Speaker, I again commend my colleague. Can he explain how the new digital safety commission of Canada will enable us to better monitor platforms, ensure that they meet their obligations and hold them accountable if they fail to do so?

Bienvenu-Olivier Ntumba, Mont-Saint-Bruno—L'Acadie

Liberal
“This bill creates an independent commission to watch online companies and punish those that break the rules. The government will not be able to interfere with its decisions.”
Official Hansard

Mr. Speaker, I thank my colleague for his great question. The commission bolsters the credibility of this bill or the future act. It will prevent any interference from the Government of Canada when it comes to decisions related to the applicability of the bill. The commission will have free rein to monitor these digital companies and take action if they fail to comply with the provisions set out in this bill. As I said earlier, non-compliant companies will be subject to the measures set out in this bill’s accountability framework.

Michael Coteau, Scarborough—Woburn

Liberal
“Everyone in our society has a role in protecting children. As a father, what advice does the member have on how to prepare young people for changes in technology?”
Official Hansard

Mr. Speaker, we all have a role to play, as members of society and of organizations, faith groups, not-for-profits and community-based groups, in making sure that we protect our children. Outside of this legislation, I know that my hon. colleague is a father. I am a father. Does he have any advice for people within his constituency, but also for Canadians, on how to best prepare young people for the evolution of technology?

Bienvenu-Olivier Ntumba, Mont-Saint-Bruno—L'Acadie

Liberal
“Mental health problems come from many things. We cannot blame social media for every problem young people face. As parents and leaders, we must look at all the online risks and help young people with the daily challenges they already face.”
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Official Hansard

Mr. Speaker, I thank my colleague for his great question. As I said in my speech, it is important to recognize that mental health is influenced by many factors. Social media cannot be held responsible for all the problems young people face. As parents, as elected officials, we must assess all of the risks associated with digital spaces and ensure that the challenges that young people are already facing are dealt with on a daily basis.

Guillaume Deschênes-Thériault, Madawaska—Restigouche

Liberal
“My colleague said he spoke with people in his riding. What did parents tell him during those talks?”
Official Hansard

Mr. Speaker, my colleague said that he spoke with constituents in his riding. Can he tell us more about the response from parents? What feedback did he receive in those discussions?

Bienvenu-Olivier Ntumba, Mont-Saint-Bruno—L'Acadie

Liberal
“I held a meeting in my riding about these bills. Many parents and local officials came, and they want us to pass these bills quickly.”
Official Hansard

Mr. Speaker, that was the first event I held in my riding this year in relation to the two bills. I am talking about Bill C‑36 and Bill C‑34. I was surprised by the response I received from my constituents when I launched the call to consult the people of Mont-Saint-Bruno—L’Acadie. The response from parents was overwhelming. I even had some other local elected officials show up to share their point of view and explain why it is important to quickly implement these bills.

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.

Natilien Joseph, Longueuil—Saint-Hubert

Liberal
“My colleague said this bill needs to be improved. I want her to tell us what specific changes she wants to make to it.”
Official Hansard

Mr. Speaker, I believe that there are parents and grandparents in the House this evening. I listened carefully to my colleague. She said that some improvements are needed. Can my colleague clarify what changes she would like to see to improve Bill C‑34?

Elizabeth May, Saanich—Gulf Islands

Green

Linked statement

“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.

Guillaume Deschênes-Thériault, Madawaska—Restigouche

Liberal
“Social media, online bullying, and harmful content hurt young people's mental health. We all want to fix this. The member has concerns about this bill, but seems ready to vote to send it forward. I want her to explain why studying this bill in committee is important.”
Official Hansard

Mr. Speaker, I listened closely to my colleague’s speech. She talked about young people’s mental health. I think that all of us parliamentarians share this concern, or else we would not be here at this late hour debating Bill C-34. We know that excessive use of social media, the bullying that young people can suffer online and the risk that young people may be exposed to harmful content online are all factors that can affect mental health. I also believe that we must all work together to find ways to address this issue as much as possible. I heard my colleague mention the importance of this bill. However, she has some concerns and questions that she would like to see explored further. I gather that she is prepared to vote in favour of advancing the bill to the next stage. I would like her to talk about the importance of committee work for a bill like this. Why is it important to conduct a thorough study of the bill in committee?

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.

Guillaume Deschênes-Thériault, Madawaska—Restigouche

Liberal
“This bill creates an independent group to check social media safety plans and protect young people online. I want to know if my colleague thinks this group is a step forward.”
Official Hansard

Mr. Speaker, one important aspect of the bill is establishing an independent commission on online safety. This commission will be tasked with reviewing the platforms’ safety plans free from any political interference. It will therefore fulfill various roles to ensure that our young people are protected online. I would like to hear my colleague’s thoughts on that. What does she think of the commission proposed in the bill? Does she see that as a step forward?

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.

Michael Coteau, Scarborough—Woburn

Liberal
“I want the House to pass this bill. It stops kids under 16 from using social media unless the platforms prove they are safe for children. Too much screen time hurts young people's sleep and mental health. Just like we make playgrounds safe, we must make online spaces safe for our kids.”
Official Hansard

Mr. Speaker, it is an honour to rise today in the House of Commons to speak on Bill C-34 on behalf of the good people of Scarborough—Woburn. I want to acknowledge that we are having a consultation process on Bill C-34 on Friday and I want to thank all the participants in advance for agreeing to join that discussion. The times are changing. We have seen, and I have seen, much change over the last few decades here in Canada. It did not seem so long ago when we would spend half a day in a music store going through CDs, identifying a couple of CDs, picking them up, going home and listening to them, or going off to Blockbuster on a Saturday afternoon, finding a few DVDs, picking up some popcorn and going home and making a complete night out of it. Times have changed. Back then, there was technology. We had cellphones. We were lucky if we had a flip phone that could maybe send a text message. The most advanced technology on that was maybe playing the snake game on it. That was pretty advanced technology. However, we are in a world today where everything seems to be instant. There is such an abundance of content and unlimited choice. We are in a world of constant creation. So much has changed over the last few decades. Now most people have cellphones, tablets, some have virtual reality, smart watches, notebooks. These things are mobile. We can go out there and use them anytime. AI and processing power have increased so drastically and with that we have seen some incredible changes in society, and some of those have become incredible challenges. Everyone is impacted by these challenges, but I want to talk a bit more about and focus on gen Z. It is the age group that seems to be highly impacted, of course, not only with respect to this legislation, but also the advancements in technology. Bill C-34 is designed to protect young Canadians in online spaces, and to ensure that social media services and AI chatbots are safe by design. More specifically, it would ban social media for youth and children under 16, unless the service can demonstrate that it is safe. Platforms would be able to submit applications to the new digital safety commission to become exempt from the ban if they can demonstrate their product is safe for children. It would establish a new safety commission to ensure that platforms have safe policies and hold them accountable. There would be age verification, safeguards, a faster removal process for harmful victimization content and, of course, financial penalties. This is a different type of legislation than we have seen in other jurisdictions. Some members have mentioned Australia. I want to thank the members on all sides of the House, because this has been a really incredible debate to talk about the future of Canada, especially when it comes to our children. Australia introduced legislation, but this is very different, because it attempts to work with platforms to ensure their product is safe. If they can prove that, young people would be allowed to use it. If they cannot, it would not be available to them. We know there has been a constant increase in screen time for young people over the last few decades. Adolescents are spending literally thousands of hours a year online. The Canadian Paediatric Society and the Canadian 24-Hour Movement Guidelines recommend a maximum of two hours per day of screen time for young people between the ages of five and 17, one hour per day for young people between three and four, and no screen time under the age of two. However, according to recent data from StatsCan, more than half of Canadian children and youth exceed those daily recommended limits, and the average hours of usage are between five and seven hours today. We know there is a direct correlation between the amount of time a young person is online and things like mental health and the stress levels young people feel. Many colleagues have talked about this today. The more screen time, the more stress young people have. Sleep patterns and regulation get altered with increased screen time. We also know that platforms are using very sophisticated algorithms and AI chat boxes that can cause significant harm to young people. We all have a role to play. As lawmakers, we have a role and there are many things we can do, in addition to Bill C-34, to better position our young people for success. We know that Bill C-34 would, if it passes in the House, be put in place to protect young people online. The spaces we are talking about are online spaces. This is no different, if we really think about it, than how we protect young people at playgrounds. We make sure that playgrounds are safe. They are designed to be safe so young people, when they are using the equipment, are safe from harm. We have to design our online spaces the same way. We need to protect our children by making sure that those online spaces are designed so young people can find success. Parents have a role to play. We need to make sure that parents are restricting and monitoring how much screen time a young person has. I asked my youngest daughter before I left to come to Ottawa if she could show me how much screen time she had this week. I am not going to mention it because that is her personal business. It was interesting to reflect on those numbers. In addition to that, we can rely on our educational systems, the curriculum and pedagogy that is out there that goes to protect young people through digital literacy. This is an important piece as well. We need to make sure that digital literacy is at the forefront of this and that we put in place the best types of tools to protect young people. We know that if we jump online, any of us in this room, and we start going down a rabbit hole based on one or two choices, 30 minutes later we can be in a world that we did not want to be part of and we wonder how we got there. It has happened to every single person. In addition to what we can do as society members, as not-for-profit faith groups and as educators, the government is really looking for ways to better position Canadians for success. Bill C-34 is just part of a larger group of pieces of legislation that the government has come forward with to help better protect Canadians. Bill C-36 would protect privacy. It relates to deepfakes and AI. Bill C-16, which I believe we passed in June, is the Protecting Victims Act. It protects us, at the end of the day, from the non-consensual sharing of intimate AI-generated deepfakes. Bill C-25 has to do with our democracy: the Strong and Free Elections Act focuses on federal election rules and the use of AI. In addition to those bills, I introduced a private member’s bill in May of this year, Bill C-277. I believe this bill can play an important role in the challenges we have when it comes to artificial intelligence, chatbots and the use of deepfakes. The bill would regulate the online use and dissemination of deepfakes. It would increase transparency and better protect Canadians from serious harm in the digital age. The bill responds to a growing risk posed by artificial intelligence and emerging technology manipulation. At the core of this bill, Bill C-277, it acknowledges that we, as Canadians, as humans, have the right to our own image, our voice, our face and our likeness, and it puts the onus on technology companies to identify artificially created deepfakes that are online. We own our own images. Labelling can be used to ensure that people, when they see a label, know something is fake, but there is also the ability for us to have that information removed. In conclusion, Bill C-34 would move our society forward when it comes to placing well-thought protections in place to support the health and well-being of young people. We must remind ourselves that we all have a role to play. We must ensure that young people can benefit from technology without being exposed to its most harmful consequences. This means establishing the appropriate safeguards, which Bill C-34 would do. Technology will continue to evolve, artificial intelligence will become more powerful and the digital world will become even more deeply integrated into our lives. It is our responsibility to ensure that our laws, institutions and communities evolve with it.

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