Canada's Online Harms Act: What Legal Professionals Should Know
Canada is making major moves to regulate online content—and if you work in law, policy, media, or advocacy, Bill C-63 (The Online Harms Act) needs to be on your radar. This proposed legislation is designed to target online hate speech, child exploitation materials, and other forms of harmful digital content. But it also raises big questions around free speech, digital rights, and enforcement.
Let’s break down what this bill actually means—and what legal professionals should be watching for.
What Is the Online Harms Act (Bill C-63)?
At its core, Bill C-63 aims to create a Digital Safety Commission to regulate and enforce online content rules. It introduces:
Obligations for digital platforms to identify and remove harmful content
New reporting and transparency requirements for tech companies
Harsher penalties for distributing or failing to remove illegal materials
Updates to Canada’s Criminal Code and Human Rights Act
It’s one of the most comprehensive pieces of proposed internet regulation in Canadian history—and it has people talking.
Why It’s Controversial
While most agree that harmful content should be addressed, there are major concerns around:
Freedom of expression: How do we define "harmful" content without silencing legitimate voices?
Overreach: Could this set a precedent for surveillance or censorship?
Enforcement: Who decides what gets removed—and how quickly?
Impact on tech companies: Especially smaller platforms without big compliance teams
This bill is walking a tightrope between protection and overregulation—and lawyers, activists, and tech leaders are watching every step.
What Legal Professionals Should Be Watching
The final language of the bill (amendments are still being debated)
How the Digital Safety Commission will be structured and empowered
Impacts on platform liability, especially for user-generated content
New obligations for organizations that host or distribute content
How it intersects with privacy law, cybersecurity, and human rights
Whether you’re advising a business, a nonprofit, or a creator—understanding this legislation will be key.
Final Word
The Online Harms Act could set the tone for how Canada (and maybe other countries) balance safety and speech in the digital age. Legal professionals will be on the front lines—helping clients navigate new rules, pushing back on overreach, and making sure the internet stays both safe and free.
Stay informed. Stay engaged. Because this one’s not just about law—it’s about values.
Written by Selena Wand, Licensed Paralegal & Legal Content Strategist. For content that translates legal trends into real-world value, explore Legal Wand Content Consulting.