Freedom of Speech on Social Media: How Canada’s Online Harms Act Goes Too Far

This essay will examine how Canada’s Online Harms Act affects freedom of speech, specifically on social media platforms. While the bill has good intentions, such as stopping child exploitation, its broad scope carries the risks of restricting free speech. The Online Harms Act (also known as Bill C-63) will be analyzed through John Stuart Mill’s Harm Principle and Joel Feinberg’s Offense Principle. The paper argues that while restrictions on online speech are justified in extreme cases to prevent harm, Bill C-63 goes too far— imposing harsh penalties such as fines or imprisonment. Furthermore, these penalties can even be applied to cases where a person might engage in future speech deemed harmful. The essay contends that the Online Harms Act should be narrowed in scope, focusing on the most serious violations. A balance must be struck between having online safety and upholding the right to freedom of speech.

Authors

Publication Details

Journal
The Social Contract
Published
2025-09-09
DOI
https://doi.org/10.5206/sc.v17i1.23600
Primary Topic
Freedom of Expression and Defamation
Type
article
Field-Weighted Citation Impact
0.00
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article

Freedom of Speech on Social Media: How Canada’s Online Harms Act Goes Too Far

Zain Farhoudi
The Social Contract
Freedom of Expression and Defamation
article

Freedom of Speech on Social Media: How Canada’s Online Harms Act Goes Too Far

Zain Farhoudi
article en

Abstract

This essay will examine how Canada’s Online Harms Act affects freedom of speech, specifically on social media platforms. While the bill has good intentions, such as stopping child exploitation, its broad scope carries the risks of restricting free speech. The Online Harms Act (also known as Bill C-63) will be analyzed through John Stuart Mill’s Harm Principle and Joel Feinberg’s Offense Principle. The paper argues that while restrictions on online speech are justified in extreme cases to prevent harm, Bill C-63 goes too far— imposing harsh penalties such as fines or imprisonment. Furthermore, these penalties can even be applied to cases where a person might engage in future speech deemed harmful. The essay contends that the Online Harms Act should be narrowed in scope, focusing on the most serious violations. A balance must be struck between having online safety and upholding the right to freedom of speech.

The Social ContractVol. 17(1)
Openalex Percentile: Top 62%
Freedom of Expression and Defamation
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Freedom of Speech on Social Media: How Canada’s Online Harms Act Goes Too Far — Zain Farhoudi · The Social Contract (2025) | TGRS Research Map | TGRS