Bill C-63: The Online Harms Bill

1. Overview:

Bill C-63, also known as the Online Harms Bill (the Act), was enacted in 2024 and aims to address harmful online content, such as online child exploitation, hate speech, and AI-generated deepfakes. This Act is being passed in order to protect people getting harmed or whose rights are violated because of digitally altered (or fake) content.

2. The scope of the law:

The legislation addresses the creation and distribution of harmful online content, for example, deepfake pornography, impersonation, and malicious misinformation. The Act is aimed at both individuals and platforms for creating and distributing online harmful content. Notably, there are exceptions for artistic expression and satire, as well as journalism; provided that these exceptions don’t promote hate or place children in danger.

3. Key provisions:

• Prohibited Acts: The Act prohibits communicating content that is “child pornography or content that sexually exploits a child; encouraging a child to self-harm on their own or with another; intimidating someone; or promoting hatred”. The Act also deals with “deepfake” content that is used for the purposes of impersonation or humiliation.
• Consent Requirements: The Act requires obtaining consent before sharing any content that is of an intimate nature or may disclose identifying characteristics of a person. This would encompass sharing content that has been altered digitally.
• Platform Responsibilities: Online platforms must “take measures to prevent, detect and respond to any risk related to harmful content” and must remove harmful content within 24 hours after receiving notice.

4. Penalties and Enforcement

Penalties for violating these provisions include administrative penalties of up to 10 million dollars or 6 % of worldwide revenue for platforms and imprisonment for individuals, pursuant to the Criminal Code. The Digital Safety Commission of Canada will oversee and enforce this statute.

5. Important Decisions or Precedents

As of May 2025, the bill is still awaiting parliamentary consideration and has not been tested in the Courts. There have been no legal decisions made under this legislation to date.

6. Relative to International Standards

Bill C-63 aims to create a comprehensive framework for the international community, with similarities to the EU Digital Services Act, but places a requirement for swiffer takedown and the provisions for more severe penalties for non-compliance.

7. Practical Considerations

Platforms will want to start taking a hard look at their AI content moderation systems, and individuals need to be careful with synthetic media by not sharing it without the appropriate rights or permissions. Victims can report inappropriate content to the Commission for removal and/or potential legal recourse.

8. Future Considerations

Bill C-63 will likely evolve to provide more detail in relation to AI-generated content.