Canada’s Bill S-210 sparks controversy over internet regulations

A new bill in the Canadian Senate, Bill S-210, has sparked heated debate about its potential impact on the Internet in Canada. The bill, which would require strict age verification of online content, has raised serious concerns among privacy advocates, network operators and digital rights groups.

Liability applies to: Bill S-210 imposes stringent liability risks on network operators, content delivery networks, search engines, and email services, requiring them to implement user age verification and monitor content flowing through their platforms. Critics say these requirements are not only impractical, but also risk fragmenting the Internet, violating user privacy and weakening security tools such as encryption.

The broad scope of the bill it goes beyond porn sites and includes social media and streaming services like Netflix, Crave, Prime and CBC Gem. This means that shows like “Game of Thrones,” which currently only require a rating and warning on cable or satellite, would require age verification on streaming platforms.

Misunderstanding: During a recent committee hearing, Conservative MP Garnett Genuis suggested that the rules would apply equally online and offline, demonstrating a misunderstanding of the Act and the Criminal Code. The bill uses a broad definition of “sexually explicit material” from the Criminal Code, which covers various forms of media depicting sexual activity. However, this definition was intended to apply to specific sexual offenses rather than general content provisions.

Undermining Net Neutrality: Canada’s privacy commissioner and other government officials have warned the bill could undermine net neutrality and an open Internet. They argue that invoking the “legitimate purpose” defense in the case of arts and education is risky because streaming services can face severe penalties, including website blocking, if they are found to be in violation.

Critics also took notice the irony of the Conservatives’ support for this bill, given their previous opposition to content regulation under Bill C-11. They argue that Bill S-210’s reliance on the Criminal Code definition is inappropriate and could force Canadians to undergo invasive age verification processes for popular streaming content.

As the debate continues, opponents of Bill S-210 are calling on Canadians to contact their MPs to express their concerns and stand up for an open and private internet.