1 October 6, 2022 Standing Senate Committee on Transport and Communications Re: Bill C-11

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (Bill C-11) Thank you for giving the Canadian Centre for Child Protection (“C3P”) the opportunity to participate in the study of Bill C-11. About the Canadian Centre for Child Protection C3P is a registered charity, operating nationally and based in Winnipeg, Manitoba. C3P operates Cybertip.ca, Canada’s national tipline to report the online sexual exploitation of children. Cybertip.ca is frequently the entity Canadians contact when issues of concern arise with respect to children in online environments.

Harm to children exposed to sexually explicit material If online platforms broadcasting content online are to be regulated under the Broadcasting Act and other related legislation, Parliament should take the opportunity to increase the protection of children. There has been little government oversight over online platforms, and in particular those that provide sexually explicit content to users. However, the evidence is clear that there is serious harm to children when exposed to such content, particularly if the content they are exposed to is illegal, violent, or degrading.

C3P provided the Standing Senate Committee on Legal and Constitutional Affairs with a written submission on Bill S-210:

An Act to restrict young persons’ online access to sexually explicit material, which details the harms to children from such content. The submission is publicly available online at: https://sencanada.ca/Content/Sen/Committee/441/LCJC/briefs/2022-02-01_LCJC_S- 210_Brief_CCCP_e.pdf. Any site that permits unverified users to upload user generated sexually explicit content – and there are many such sites – is vulnerable to hosting illegal, violent or degrading content, particularly if the site also lacks strong, effective and transparent detection and removal processes.

The strategy to date of relying on the companies that facilitate access to sexually explicit content to fix this problem has failed. Children are exposed to sexually explicit content on adult websites that are available 24/7 with the click of a mouse, or through ads for sexual content, even when using innocuous websites. This means children of all ages can be easily exposed to sexually explicit material without seeking it out specifically. The harm of that exposure is incalculable.

It is incumbent upon Parliament to do what it can to protect its most vulnerable residents, children, from being exposed to this type of content. Children are protected by many policies and initiatives in the physical world. Similar protections are long overdue in the online space. 2 Recommendations C3P calls on the Committee to amend Bill C-11 to implement: 1. An age verification or age assurance requirement There is an urgent need to take steps to ensure sexually explicit content is accessible only to adults.

From C3P’s experience operating Cybertip.ca, we know that prevention strategies must be holistic, and include technology, policy, and public education elements. Possible solutions could include age verification or assurance technology to help ensure that sexually explicit content is not readily accessible to children.

Countries such as Germany and France have already implemented regulations to protect children from accessing sexually explicit content online.1 Canada should follow suit by amending Bill C-11 to impose a requirement for online platforms providing adult content to implement age verification or assurance methods. 2. The principles enshrined in Canada’s international obligations to children Bill C-11 as drafted is not tied directly to online harms. However, legislation that could affect children in any way needs to be consistent with Canada’s international obligations to children.

For example, principles enshrined in the United Nations Convention on the Rights of the Child (“UNCRC”), and General Comment No. 25, General Comment on children’s rights in relation to the digital environment,2 which provides state parties with guidance on the implementation of the UNCRC in the digital space, should be considered and reflected in Bill C-11. C3P has long been advocating for government to regulate online platforms that children are exposed to.

The lack of regulation over online platforms has meant that children have been a casualty of the “move fast and break things” ideology that has characterized the incredibly lucrative technology sector. Children continue to be an afterthought in the creation of online programs and services despite widespread reports of harm to children on such platforms. We cannot permit the status quo to continue. Legislation that is drafted to regulate online platforms needs to include meaningful protections for children.

Conclusion Just as we protect children against the harms of tobacco, alcohol, marijuana and R-rated movies, there need to be adequate protections for children regarding sexually explicit content online. Society must not abrogate its responsibilities to children because of the digital nature of sexually explicit content online. We cannot let online platforms dictate the sexual education of Canada’s children. 1 For more information see Age verification and digital wallets for minors: EU launches strategy for online child safety, May 12, 2022.

Available online at: https://www.biometricupdate.com/202205/age-verification-and-digital- wallets-for-minors-eu-launches-strategy-for-online-child-safety. 2 General comment No. 25 (2021) on children’s rights in relation to the digi tal environment. Committee on the Rights of the Child. Published March 2, 2021. Available online at: https://www.ohchr.org/EN/HRBodies/CRC/Pages/GCChildrensRightsRelationDigitalEnvironment.aspx