QUESTION PERIOD — International Trade
Canada-United States-Mexico Agreement--Online Sexual Exploitation
December 14, 2020
My question is for the Government Representative in the Senate. Senator Gold, I’ve just learned with a great deal of disappointment that, under the free trade agreement with the United Sates and Mexico, the Government of Canada made a commitment to amend our laws so that internet platforms like Pornhub are not held responsible for content uploaded onto their sites by members of the public. That means that Canada has accepted that website immunity provided under U.S. legislation for 20 years also applies to Canada. I am very surprised because this prevents us from using legitimate tools to rein in sites that show videos of children and women being raped. Is that true, Senator Gold?
Thank you for your question and for your hard work on this issue.
As you quite rightly pointed out, there are provisions in the North American Free Trade Agreement that make it difficult to deal with a company like Pornhub. Web giants like Facebook, YouTube and Pornhub are protected under section 230 of the Communications Decency Act of 1996. This section stipulates that platforms cannot be held responsible for the content that users upload to their sites.
However, I’ve been informed that the Canadian government is actively working on drafting new regulations that would require online platforms to remove any illegal content, including hate speech, sexual exploitation of children and violent or extremist content from their sites. The government plans to introduce these regulations as soon as possible. It is working on this with its provincial colleagues and international partners.
Dear colleagues, there is something I want to add. The government has informed me that it is currently reviewing Bill S-203, An Act to restrict young persons’ online access to sexually explicit material. As soon as I have more information on this matter, I’ll let you know.
Thank you for the information about Bill S-203, but I’m very disappointed that our laws will be subject to those of the United States under the free trade agreement.
My second question is this. Does Pornhub receive tax benefits from the federal government? Many federal programs target technology firms. If so, do you intend to change the eligibility criteria so as not to indirectly support, through funding, companies that offer sexually explicit or pornographic entertainment and that sexually exploit minors? Giving these companies tax benefits indirectly helps companies that host websites with videos depicting sexual exploitation.
Thank you for that question. I have no idea whether Pornhub or the company that owns it received funding or assistance from the government. I will look into it and inform the chamber as soon as I have an answer to that question.
