Beverley McLachlin and Taylor Owen: Regulate the System, Not the Speech | National Newswatch
There is little doubt remaining amongst experts, policy makers and the public, that the ways in which our digital infrastructure are designed and incentivized have had widespread social, economic, and political costs. Despite years of assurances from big tech and wishful thinking from governments, the market has proven unwilling or unable to self-regulate. And so democratic governments around the world are finally stepping up.
But is also because ensuring online safety also touches on the core democratic right of free expression. Democratic governments around the world define and regulate speech differently, and so there is no global set of rules for platforms to follow – this will be determined country by country.
The EU and the UK have developed an alternate approach that focuses not on the individual pieces of bad content, but on the system and incentives that lead to it being created and spread. Instead of tackling the bad things downstream, they look upstream to the design of the system as a whole. Second, platforms must also be held accountable for how they build their products. To do so, we should draw on a concept already in use in Canadian law – that of a statutory duty to act responsibly. This would place the onus on platforms themselves to demonstrate that they have acted in a manner that would minimize the harm of the products they build and offer to Canadians.
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