Hate Speech on the Internet

Hate Speech on the Internet

In the summer of 2005, CIPPIC assisted an individual with a series of hate speech complaints under the Canadian Human Rights Act.

Section 13 of the CHRA states:

13. (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.

(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.

(3) For the purposes of this section, no owner or operator of a telecommunication undertaking communicates or causes to be communicated any matter described in subsection (1) by reason only that the facilities of a telecommunication undertaking owned or operated by that person are used by other persons for the transmission of that matter.

The complaints cite numerous messages posted on an Internet message board, and allege that those messages expose homosexuals to hatred and contempt. The complainant has asked the Canadian Human Rights Commission: http://www.chrc-ccdp.ca/default-en.asp. to exercise its investigatory powers to discover the names of the individuals posting this hate speech, and to prosecute accordingly.