A promise made, a promise broken: what is the government doing about online hate?

A promise made. A promise broken. During the 2019 election campaign, the Liberals committed to introducing legislation to combat online hate, a promise they did not fulfill during that term. They repeated this commitment in the 2021 campaign, going as far as pledging to introduce online harms legislation within the first 100 days of their third mandate. That deadline also came and went, along with several others, and we have yet to see any legislation tabled regarding online hate. At the Centre for Israel and Jewish Affairs’ Antisemitism: Face It, Fight It conference on Oct. 17, 2023, Justice Minister Arif Virani recommitted his government to introducing legislation to combat online hate. We are still waiting. The problem is that hate does not wait, and Canadians are suffering because of the government’s failure to live up to that promise. Antisemitism is not new; in fact, it is often referred to as the ‘world’s oldest hatred.’ And Canada is not immune. Year after year, Statistics Canada data confirm that Jews are the religious minority most targeted by hate crimes; but the explosion of Jew-hatred we have seen since Hamas’ vicious attack against Israeli citizens on Oct. 7, 2023, is nothing less than terrifying. One of the main environments in which Jew-hatred flourishes, nearly unencumbered, is online. The virtual world is a playground for bad actors spreading disinformation and propaganda, and for those eager to radicalize others through hate. Many online users have insufficient digital literacy skills which renders them easy prey for individuals, groups, or state actors who, shielded by the anonymity of the internet, deliberately spread false or manipulated information. Over the past three months, the level of antisemitic toxicity online has reached a fever pitch. But why, “if sticks and stones might break my bones, but names will never hurt me,” is it so very scary? Because we know that what happens online does not stay online. Jewish schools have been shot at ,and bomb threats have been made against others. Synagogues have been fire-bombed, and community institutions pelleted by Molotov cocktails. Jewish students have been insulted and assaulted on campus, and Jewish-owned businesses set on fire, vandalized, and picketed. In the wake of Oct. 7, we see Canadians divided by an us-versus-them mentality exacerbated by false narratives and lies. Conspiracy theories and tropes are running rampant, unchecked. Religious and ethnic community institutions dragged into a conflict a world away need added security to protect their constituency here. But it didn’t have to be this way. Though I am not naïve enough to think that Jew hatred would have been eradicated had the government lived up to their promise to protect Canadians from online hate, this divisiveness would certainly have been reduced. When it comes to hate, less is better. The federal government has a central role to play in combating online antisemitism; and, for the soul of our country, legislation can be delayed no longer. The anti-online hate legislation should establish an independent regulator to ensure impartial decisions about what constitutes online hate. To identify hate, it must be defined. Although freedom of expression is a foundational right in our democracy, there is no right not to be offended. The bar must be set so that freedom of expression is protected while real hate is caught. That is why the definition of hate must be aligned with the Supreme Court’s jurisprudence. Also, the International Holocaust Remembrance Alliance's working definition of antisemitism—adopted in 2019 as part of Canada’s Anti-Racism Strategy—should be used as a non-legally binding guide to what constitutes antisemitism. Social media companies have often been more a part of the problem than the solution. They should be compelled to address online hate with penalties imposed for non-compliance. They should also be required to increase transparency regarding their algorithms and their internal policies, procedures, and guidelines. Finally, Ottawa must launch a national social media literacy campaign to sensitize everyone—especially younger, more vulnerable Canadians—about the appropriate use and abuse of social media. Designed with input from those most affected by online hate, including the Jewish community, this campaign should include up-to-date information on combating online disinformation and hate. The federal government should also engage with provincial, territorial, and municipal governments, and with school boards to encourage broad buy-in and adoption. The rise in antisemitism is dramatic in Canada. Part of the solution lies in diminishing the level of Jew-hatred online. The Liberals have promised to tackle online hate. It is past time for them to fulfill their promise. Richard Marceau is vice-president and general counsel of the Centre for Israel and Jewish Affairs, a former member of Parliament, and a member of both the Quebec and Ontario bars. The Hill Times