The Hogue Report recommends the creation of a government surveillance department to monitor Canadians for online disinformation.
TORONTO: TDF is troubled by comments in the Hogue Report that "disinformation" is an "existential threat" to Canadian democracy. Disturbingly, the Report recommends that the government consider creating a separate entity to "monitor the domestic open-source online information environment for misinformation and disinformation that might impact Canadian democratic processes."
Problematically, while the report claims that "disinformation is difficult to detect," the report does not sufficiently define "disinformation." It assumes that there exists people in government capable of infallibly discerning truth from falsehood.
No government has been able to defend or articulate its claim 1) to a superior theory of knowledge or 2) that government agents have extraordinary truth-seeking cognitive skills. In fact, history demonstrates that governments are often the biggest purveyors of falsehood. TDF lawyers have repeatedly raised this issue, particularly during a 2023 meeting with UNESCO representatives.
Additionally, the Hogue Report claims that "information manipulation (whether foreign or not) poses the single biggest risk to our democracy." It even acknowledges that online disinformation campaigns could be used to create conflict and amplify division.
However, the Liberal government's Bill C-63 would require social media companies to create a system whereby anyone in Canada can flag and report "harmful content." As outlined in TDF's Online Harms Brief this would, unwittingly, allow for mass reporting of content by bad faith actors, human or AI, domestic or foreign (through a domestic proxy). Rather than strengthen the information environment against manipulation, Bill C-63 would weaken it. It is a contradiction for the government to complain about the manipulation of the information environment while simultaneously pushing a law that makes it easier to do so.
Litigation Director Mark Joseph said: "The Report laments that Canadians are exposed to disinformation, as if this is something new: people have always been exposed to ambiguous or false claims. Canadians have simply used basic human discernment to differentiate between truth and falsehood. It is perilous for citizens to surrender their role as final arbiters of civil, political and moral truths to the government since government censors have no special claim to truth-seeking or infallibility."
About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and relieving poverty. TDF promotes constitutional rights through litigation and public education and supports access-to-justice initiatives for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.