Liberals taking ‘fresh’ look at online harms bill, justice minister says

Fraser told The Canadian Press in an interview that the government hasn’t decided whether to rewrite or simply reintroduce the Online Harms Act, which was introduced in 2024 but did not pass.

He said Canadians can expect measures addressing deepfakes and child exploitation “to be included in legislative reforms coming up in the near future.”

In their election platform, the Liberals promised to make the distribution of non-consensual sexual deepfakes a criminal offence. They also pledged to introduce a bill to protect children from online sexploitation and extortion, and to give law enforcement and prosecutors additional tools to pursue those crimes.

Fraser said the growth of artificial intelligence is influencing the discussions.

The spread of generative AI has changed both the online space and everyday life since the federal government first introduced the legislation.

“We will have that in mind as we revisit the specifics of online harms legislation,” he added. “The world changes and governments would be remiss if they didn’t recognize that policy needs to shift.”

Online harms legislation was first proposed by then-heritage minister Steven Guilbeault in 2021, but after widespread criticism, the government pivoted and shifted the file to the justice minister.

Guilbeault is now back in his old ministry, which has been renamed Canadian identity and culture. Prime Minister Mark Carney has also created an artificial intelligence ministry, headed up by rookie MP Evan Solomon.

Fraser said he expects “significant engagement” with Guilbeault and Solomon but it will be determined later which minister will take the lead on it.

The first version of the bill alarmed critics who warned that the provision requiring platforms to take down offending content within 24 hours would undermine free expression.

When Fraser’s predecessor, Arif Virani, introduced the Online Harms Act in 2024, the bill restricted that 24-hour takedown provision to content that sexually victimizes a child or revictimizes a survivor, or intimate content shared without consent, including deepfakes.

It also required social media companies to explain how they plan to reduce the risks their platforms pose to users, and imposed on them a duty to protect children.

But the government also included Criminal Code and Canadian Human Rights Act amendments targeting hate in the same legislation — which some said risked chilling free speech.

In late 2024, Virani said he would split those controversial provisions off into a separate bill, but that didn’t happen before this spring’s federal election was called and the bill died on the order paper.

Fraser said no decision has been made yet on whether to bring back online harms legislation in one bill or two.

“That is precisely the kind of thing that I want to have an opportunity to discuss with stakeholders, to ensure we’re moving forward in a way that will create a broad base of public support,” he said.

Fraser said the government could “modify existing versions that we may have on the shelf from the previous Parliament as may be needed, or to accept the form in which we had the legislation.”

He added he wants to have a “fresh consideration of the path forward, where I personally can benefit from the advice of those closest to the file who know best how to keep kids safe online.”

While the government hasn’t set a date to introduce legislation, it could include some online harms measures in a crime bill Fraser plans to table in the fall.

Fraser said online harms provisions that “touch more specifically on criminal activity” could be “included in one piece of legislation, with a broader set of reforms on online harms at a different time.”