B.C.'s attorney general says the province can bring the online harms legislation back but it will first seek remedies through negotiations with social media companies.Michael M. Santiago/Getty Images
The British Columbia government has agreed to shelve proposed legislation that would have allowed it to sue social-media companies for online harms after Meta, TikTok and others agreed to work with the province to put voluntary protections in place.
The social-media companies have not agreed to anything other than talks, but Attorney-General Niki Sharma credited the proposed legislation with bringing the key players to the province’s door.
“Our bill was able to get the attention of some pretty big companies out there and get them to the table with us, and I’m pleased with that,” she told reporters Tuesday.
The government can bring the bill back, she said, but it will first seek remedies through negotiations. “We could be locked in litigation for years, but at this stage it’s my obligation to see if we can come to some kind of improvements,” Ms. Sharma said.
Premier David Eby said the agreement was hammered out after Meta reached out to the province. A spokesperson for the company could not immediately be reached for comment.
Danielle Morgan, a spokesperson for TikTok, said her company is committed to developing new safeguards. “We look forward to joining Premier Eby and working with industry counterparts … to discuss best practices towards our shared goal of keeping young people safe online.”
The province introduced Bill 12, the Public Health Accountability and Cost Recovery Act, in March with the promise that it would allow government to recover costs associated with the promotion, marketing and distribution of products that are harmful to adults and children in the province.
But while the bill received the support of researchers who study the impact of some platforms on mental well-being, particularly in teenagers, the broad scope of the legislation alarmed business leaders who warned it could be used to target companies well beyond social-media platforms.
“The net spread so widely, it could capture just about anything you could imagine,” said Bridgitte Anderson, president and chief executive officer of the Greater Vancouver Board of Trade. She said the provincial government heard the concerns of many different sectors when it withdrew the bill from this spring’s legislative agenda. “We’re delighted the government is going to hit pause on this.”
The B.C. bill was tabled just weeks after Ottawa introduced Bill C-63 to create a new Online Harms Act, which is meant to hold tech platforms accountable for the content they host.
Kaitlynn Mendes, a professor of sociology at Ontario’s Western University, is an expert on the impact of online harms on youth, including sexual exploitation, self-harm, anxiety and anti-social behaviour.
She said the B.C. government is being optimistic in thinking it can bring social-media giants into line without a legal cudgel.
“I think that is wishful thinking. Industries don’t want to be governed. They’d rather have codes of conduct but that relies on them being good faith actors – ultimately, they are going to act in their best interests. I’d be skeptical that it’s going to change anything,” she said in an interview.
“I really hope the Canadian government doesn’t try to rely on deals. We need to have structures in place to hold these companies accountable.”
Mr. Eby issued a joint statement on Tuesday with representatives from Meta, TikTok, Snap and X, saying they have reached an agreement to work to help young people stay safe online through the new BC Online Safety Action Table.
“Digital platforms are powerful tools, which can connect family members and loved ones and are places where we find like-minded people. Places where community is built and sustained. But the internet is also a place where criminals and scammers are constantly seeking new ways to find and extort potential victims,” the joint statement said.
Mr. Eby championed the pursuit of tackling social-media harms after meeting with the grieving parents of Carson Cleland, a 12-year-old who killed himself last October after being sexually victimized online.
“Carson was deceived by an online predator, tormented and sexually extorted. He took his own life before his parents were aware of what was happening,” the statement continued. “Premier Eby made a promise to Carson’s parents that his government would find ways to make sure Carson left behind a legacy that will help protect other young people.”
The province will place Bill 12 on hold while the parties meet to discuss how to protect youth from online harms before they happen.
Ms. Sharma said there are three areas B.C. wants addressed: sexual exploitation of youth online; rising mental-health issues and anxiety among young people; and online harassment and bullying.
B.C.’s bill was modelled on its efforts to seek damages from major tobacco companies over tobacco-related health costs. The province was the first Canadian jurisdiction to launch such a lawsuit, in 1998, but that case is not yet resolved – underscoring the lengthy process involved in reaching a resolution.