The Canadian government has proposed legislation (Bill C-36) where people can be taken to court and penalized if they’re suspected of being ABOUT TO post something hateful online.
An individual would be able to report another PREEMPTIVELY for something they haven’t said yet.
Alarming aspects, in ascending order:
1) Fuzzy and circular definition of “hateful” speech (“involves detestation…stronger than dislike”)
2) Encouraging citizens to report on one another — creepy
3) The ability to punish people for something they haven’t actually done yet (!)
While this legislation hasn’t been passed so far, it’s noteworthy that it was proposed at all, and the people who did so are currently in power.
The key part is after “The Act is amended by adding the following after section 810.011…”
Under this bill, if a person were found guilty, a judge could order the accused individual to enter into recognizance to be “of good behavior” for up to 12 or 24 months (for a repeat offender).
If the person refuses, the judge could order them to:
- provide “a sample of a bodily substance” at regular intervals or on demand
- “return to and remain at their place of residence at specified times”
- “wear an electronic monitoring device, if the Attorney General makes that request”
- avoid people/places decided by the judge
• • •
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At Substack, we don’t make moderation decisions based on public pressure or PR considerations.
An important principle for us is defending free expression, even for stuff we personally dislike or disagree with. We understand principles come at a cost. 🧵
I’m proud of our decision to defend free expression, even when it’s hard, because:
1) We want a thriving ecosystem full of fresh and diverse ideas. That can’t happen without the freedom to experiment, or even to be wrong.
2) People already mistrust institutions, media, and each other.
Knowing that dissenting views are being suppressed makes that mistrust worse.
Withstanding scrutiny makes truths stronger, not weaker.