The Democracy Fund expresses concern over government threats to regulate social media platform X.
As reported by various media outlets, the British and Australian governments are considering a ban on the social media platform X (formerly Twitter) amid controversy over AI-generated content. A spokesperson for the Canadian Artificial Intelligence Minister denied that the Canadian government was considering an outright ban on X/Twitter. However, when asked if it was considering "other actions," a spokesperson stated that "more information will be available soon," with discussions underway regarding X's handling of the issue.
In the past, Western governments have threatened to ban X/Twitter, but the recent threats come after some individuals used the AI image generation function (Grok) to create and publish deepfakes, including nude images of women. While similar content has been generated using other AI tools and platforms, regulatory scrutiny has disproportionately targeted X. (X has since implemented limits on this functionality and, like all social media platforms, maintains a Non-consensual nudity policy.)
TDF lawyers observe that, under existing Criminal Code provisions—particularly s.162.1 (non-consensual distribution of intimate images)—the creation and publication of such AI-generated non-consensual intimate images arguably already constitutes a criminal offence. In fact, the Department of Justice outlines over a dozen Criminal Code provisions regulating cyberbullying and the non-consensual distribution of intimate images on its own website: Cyberbullying and the Non-consensual Distribution of Intimate Images.
Even while the government is either unwilling or unable to enforce laws already on the books, it has advanced various online censorship-related bills in recent years (including elements from prior proposals like those addressing harmful content): TDF is concerned that the government will use this controversy as a pretext to push for broader content regulation and censorship.
TDF Litigation Director Mark Joseph stated: "Governments routinely use fear and hyperbole to justify limits on freedom. X has emerged as the preeminent social media platform for independent journalism and public criticism of those in power—it should surprise no one that authorities are seizing on this opportunity to constrain or silence its use by Canadians."
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. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.