Unlike other countries that allow online content blocking or mandated content removal, Canada has had a tradition of an “open internet.” Some exceptions include net neutrality rules and the copyright notice-and-notice system, and the major exception is child pornography images. But earlier this month the Quebec government introduced legislation, part of an omnibus bill for the government’s spring budget, requiring internet providers to block certain content, particularly unlicensed online gambling websites. Quebec Finance Minister Carlos Leitao said the law is about consumer protection, but opponents said it’s an effort to increase revenues from the government’s online gambling service which has not met expectations.
The legislation states, “An internet service provider may not give access to an online gambling site whose operation is not authorized under Quebec law.” The law says internet providers are required to block access to sites banned by the Quebec Lottery Commission within 30 days. Failure to comply could lead to initial fines of up to $100,000, with higher penalties for repeat offenders.
Opponents said if the measure passes, it’s certain to invite legal challenges from internet providers, civil liberties groups and consumer advocates. Those against the bill note under the Canadian constitution, the federal government has exclusive jurisdiction over telecommunications. The Quebec government has challenged this issue in the past, unsuccessfully. In addition, opponents said the legislation represents a limit on free speech included in the Canadian Charter of Rights and Freedoms.
However, Leitao said website blocking falls under consumer protection, which is controlled by the provinces. But opponents said the law would do little to protect consumers. In fact, they noted the government’s own gambling study group recommended a licensing system for all sites as the best way to protect consumers. The government itself stated, when the law first was announced, its online gambling service was falling short of projections and that additional millions in revenue could result from website blocking.
Michael Geist, research chair in internet and e-commerce law at the University of Ottawa, Faculty of Law, stated, “The no-blocking approach has served Canadians well, ensuring universal access to the content of their choice. As Quebec seeks to undo the first law of the Canadian internet, it opens the door to expanded content blocking initiatives, perhaps targeting websites that do not meet language requirements or are alleged to contain infringing content.”
