Regulating Online Harms and Disinformation: Privacy Protecting or Censorship Creating?

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Luxembourg, Belgium
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Canada has recently proposed laws aimed at digital platform regulation and other online harms including foreign interference.

Bill C-63 - the Online Harms Act - is in part motivated by privacy concerns in that it addresses non-consensual distribution of intimate images. However, it also criminalizes online hate speech in a potentially draconian manner that civil liberties groups decry.

Bill C-70 is aimed primarily at foreign interference in elections and disinformation campaigns but would expand security intelligence powers to collect, analyze and disclose sensitive information to third parties in a manner that is contrary to constitutionally protected privacy rights.

In the US, there is similar talk about this, but the constitutional stance is clear – free speech is constitutionally protected by the 1st Amendment and any limitations must be strictly scrutinized.

Across jurisdictions globally, how do privacy rights intersect with digital platform regulation aimed at reducing harm and disinformation, and can these laws be structured so they are privacy enhancing while not unduly infringing on other fundamental rights?