Apple, Google push for judicial oversight in Canada online safety bill -…

Apple and Google are urging Canadian lawmakers to require judicial warrants before online platforms must remove content under the proposed Online Harms Act, according to submissions filed with Parliament. The tech giants argue that the current draft, which allows a government-appointed Digital Safety Commission to order takedowns without court approval, risks censorship and violates constitutional free-expression protections.

The pushback comes as Bill C-63, introduced in February 2024, moves through committee review. The legislation would compel social media companies to remove seven categories of harmful content — including child sexual abuse material, terrorism promotion, and incitement to violence — within 24 hours of a commission order. Platforms failing to comply face fines up to 6% of global revenue. The bill represents Ottawa's most aggressive attempt yet to regulate online speech, following years of debate over how to balance safety with Charter rights.

Apple's submission, filed in late April, calls for "prior judicial authorization" before any content removal order takes effect, arguing that a commission-led process lacks the independence needed to protect lawful speech. Google echoed the concern, stating that warrants would ensure "proportionate" enforcement and prevent overreach. Both companies cited the Supreme Court's 2014 R. v. Spencer decision, which held that privacy and expression rights require judicial oversight when state powers expand into digital spaces. The companies did not oppose the bill's goals — both said they support removing illegal content — but insisted the mechanism must include a judge's review.

The submissions affect not only the platforms but also Canadian users who post content that might fall into grey areas — political satire, religious commentary, or criticism of public figures — where a commission could interpret harm more broadly than a court would. Civil liberties groups, including the Canadian Civil Liberties Association, have raised similar concerns, warning that vague definitions in the bill could chill speech on controversial topics.

If you operate a platform or regularly post content in Canada, monitor the bill's progress through the House of Commons Justice Committee, which is expected to report amendments by late June. Check whether your hosting provider or social network has filed a submission, as their compliance policies will determine how quickly content disputes escalate.