Minister of Canadian Heritage Steven Guilbeault speaks during question period in the House of Commons in Ottawa, Tuesday, November 3, 2020. THE CANADIAN PRESS/Adrian Wyld

Minister of Canadian Heritage Steven Guilbeault speaks during question period in the House of Commons in Ottawa, Tuesday, November 3, 2020. THE CANADIAN PRESS/Adrian Wyld

Revisions to Broadcasting Act won’t cover online porn, heritage minister says

C-10 is not about content moderation, Steven Guilbeault tells the House of Commons ethics committee

Sweeping updates to the Broadcasting Act will not cover pornography or sexually exploitive content online, the federal heritage minister says.

Steven Guilbeault told the House of Commons ethics committee Monday that a new regulator will handle child pornography and non-consensual material, but that Bill C-10, which aims to regulate YouTube, Facebook and other platforms, will steer clear of content moderation, including for porn.

That task will fall to an oversight body whose mandate will draw inspiration from Australia’s e-safety commissioner, among other watchdogs, in legislation that is still in the works, he said.

“It will not be done through C-10,” Guilbeault told the ethics committee. “C-10 is not about content moderation.”

Conservative and New Democrat MPs asked Guilbeault why a new regulator is needed to crack down on exploitive material when the Criminal Code already bars child pornography and the knowing distribution of illicit images.

“It seems the real and disturbing issue is a lack of application of the law and enforcement,” said Conservative MP Shannon Stubbs.

Guilbeault said current tools to handle online harms “justaren’t adapted to the digital world” and need revision.

When the broad plan for a regulator was rolled out in April, Public Safety Minister Bill Blair and Justice Minister David Lametti said child pornography and other forms of sexual exploitation present jurisdictional challenges.

Perpetrators and victims can be located anywhere in the world, while the reach of law enforcement agencies like the RCMP rarely extends beyond Canada’s borders, they said.

Rampant child pornography and sexual exploitation on platforms such as Montreal-based Pornhub — the world’s largest pornography site — have come under increasing scrutiny since a New York Times opinion piece highlighted the problem in December.

Meanwhile, the Liberals managed to speed up the controversial Bill C-10 on Monday, applying time allocation to a House of Commons committee with the support of the Bloc Québécois.

The move follows a blocked attempt to do likewise last week when Conservative lawmakers used procedural manoeuvres to prevent a House vote and hold up the legislation in a committee that’s been studying Bill C-10 since February over stated fears it could wind up policing Canadians’ social media posts.

Bill C-10 would bring global online streaming giants such as Netflix under the auspices of the Broadcasting Act, requiring them to promote Canadian content and to financially support Canadian cultural industries.

On another digital front, companies like MindGeek, which owns Pornhub and numerous other sites such as YouPorn and RedTube, have thrived for years even as reports poured in about images of children and non-consensual acts, and despite laws against child pornography and sexually abusive material.

Lianna McDonald, executive director of the Canadian Centre for Child Protection, told the ethics committee in February that her organization has been “screaming from the rooftops that we are long overdue for regulation.”

Others say laws are in place but lack teeth, hampered by weak enforcement, poor resources and jurisdictional barriers.

In Canada, users who upload illicit images are jointly liable with the companies that distribute them — including for child pornography or material posted without consent — or that become aware of them afterward and neglect to remove them. That differs from the U.S., where the Communications Decency Act does not hold web platforms responsible for user-generated material.

An RCMP briefing note from December handed over to the ethics committee cited Heritage Canada as leading government “proposals to regulate online platforms.”

“Having the minister of culture and communications handle a file about horrific sexual assault videos to me is kind of like asking the minister of transportation to look after human trafficking. Why is it that the laws of the land are just not being applied?” NDP MP Charlie Angus asked Guilbeault on Monday.

Guilbeault replied that the legislation, whose timing remains uncertain, aims to shift the burden on taking down exploitive images “from the individual to the state.”

That prompted Conservative MP Arnold Viersen to ask about preventive action, since testimony from survivors over the past few months revealed how tough it is to scrub videos from the web once posted.

“I think you’re asking if we have a magic wand to prevent crime. We don’t,” Guilbeault responded.

He said he has spoken with officials from Australia, Finland, France and Germany as part of a working group on a “healthy digital ecosystem.” Canada will announce a joint project alongside at least four other countries to combat online exploitation and hate speech in the coming weeks, he added.

The pending legislation is set to deal with five categories of “online harms”: child sexual exploitation and non-consensual sharing of intimate images as well as hate speech, incitement to violence and incitement to terrorism.

—Christopher Reynolds, The Canadian Press

RELATED: Canada’s privacy watchdog investigating Pornhub over alleged non-consensual content

Federal PoliticsInternet and Telecom

Just Posted

Red arrow shows the existing warehouse that is home to a variety of specialized equipment used by the Capital Region Emergency Services Telecommunications (CREST). The service provider is looking for a new home that will protect the equipment in the event of an earthquake or other natural disaster. (Google Maps)
CREST telecoms look to find a post-seismic facility in Greater Victoria

The move will better protect equipment vital to its 50 emergency service clients across the CRD

(Black Press Media file photo)
FRESH AND LOCAL: Greater Victoria farm markets ready to greet shoppers

A list of markets on the go this spring and summer, right into fall

A client and a staff member embark on an art project at Oak Bay United Church. (Christine van Reewyk/News Staff)
VIDEO: Oak Bay group of adults with developmental disabilities promotes community inclusivity

Victoria Community Connections moved to Oak Bay late last year

Graeme Wright is the owner of Hullabaloo, a new ice cream and coffee food truck serving patrons at the Red Barn on West Saanich. (Photo by Megan Atkins-Baker/News Staff).
VIDEO: Cool treats, warm bevvies a specialty for new Saanich food truck

Hullabaloo owner Graeme Wright passionate about blending green space with sustainability

Nathan Watts, a member of the Tseshaht First Nation near Port Alberni, shares his story of substance use, a perspective he said isn’t seen enough. (Photo courtesy of Nathan Watts)
Public shaming, hate perpetuates further substance use: UVic researcher

Longtime addict Nathan Watts offers a user’s perspective on substance use

t
How to tell if a call from ‘CRA’ is legitimate or a scam

Expert says it’s important to verify you really are dealing with the CRA before you give out any info

Terry Mazzei next to a truck after it was struck by lightning, with him inside, on Wednesday afternoon, June 9. He walked away from the incident without injury and the truck sustained only mild damage; a blown front tire and newly broken gas gauge. (Wendy Mazzei photo)
Vancouver Island man walks away unscathed after lightning strike

VIDEO: ‘We like to think that his dad was watching over him’

Unofficial holidays: Here’s what people are celebrating for the week of June 13 to 19

Flag Day, Garbage Man Day, International Panic Day all coming up this week

The courthouse in Nanaimo. (News Bulletin file)
Nanaimo man, already in jail, found guilty of sexual abuse of sons

Man previously sentenced for sexual interference involving girl in Nanaimo

British Columbia-Yukon Community News Association’s 2021 Ma Murray Awards were handed out during a virtual ceremony on Friday, June 10. (Screen grab)
Black Press Media winners take gold at B.C. and Yukon journalism awards

Publications received nods in dozens of categories

Prime Minister Justin Trudeau greets campers while visiting McDougall, Ont. on Thursday, July 19, 2018. THE CANADIAN PRESS/Frank Gunn
71% of B.C. men say they’d prefer to go camping with Trudeau: survey

Most British Columbians with plans to go camping outdoors say they’d prefer to go with Trudeau or Shania Twain

Members of the Department of Fisheries and Oceans’ Marine Mammal Response Program rescued an adult humpback what that was entangled in commercial fishing gear in the waters off of Entrance Island on Thursday, June 10. (Photo courtesy Marine Mammal Response Program)
Rescuers free humpback ‘anchored’ down by prawn traps off Vancouver Island

Department of Fisheries and Oceans responders spend hours untangling whale

Chilliwack cocaine trafficker Clayton Eheler seen with a tiger somewhere in Asia in 2014. Eheler was sentenced to nine years jail in 2018, but was released on bail in October 2020 pending his appeal of conviction.(Facebook)
Director of civil forfeiture seeks $140,000 from Fraser Valley drug dealer’s father-in-law

Clayton Eheler’s father-in-law Ray Morrissey caught with money in Fort St. John by B.C.’s gang unit

A Comox Valley shellfish operator pleaded guilty and was fined $10,000 in provincial court in Courtenay earlier this year. Record file photo
B.C. clam harvester fined $10,000 for Fisheries Act violations

Charges against three others were stayed in Courtenay Provincial Court

Most Read