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OTTAWA — The Liberal government says while its proposed digital safety legislation might affect freedom of expression, the bill itself is consistent with the Charter of Rights and Freedoms.
Bill C-34 would ban kids under 16 from accessing social media. Experts have warned it is likely to face a constitutional challenge.
The government included the analysis in a Charter statement, a document issued by the justice minister that looks at whether a bill is consistent with the Charter.
“As this measure would affect the ability of users to post and consume content, it has the potential to engage freedom of expression protected by section 2(b) of the Charter,” the statement says.
It says the bill might also affect equality rights and section 8 of the Charter, which deals with privacy.
But it maintains the social media ban is consistent with the Charter for a number of reasons, including the fact that age-based restrictions already apply to activities like voting and driving.
It also says there is considerable evidence about the risks social media use poses for young people.
“These include risks relating to privacy, problematic use, and exposure to harmful content, and can result both from the consumption of content on social media, as well as the posting of content,” it says.
“For example, information posted by young persons on social media may be effectively impossible to remove from the internet, may spread virally, may feed algorithms that encourage problematic use, and may make the poster a target for grooming and cyberbullying.”
The statement adds young people will still be able to browse sites anonymously, without an account.
The statement said this approach reflects “the increased risks to young people that stem from the collection and use of data in feeding algorithms that determine content to be served, as well as risks that stem from the ability to post content.”
The government also noted that a planned new regulator, which will be established once the bill passes, will be able to exempt social media platforms that implement adequate safeguards.
This summer, France’s top court struck down that country’s social media ban for kids under 15, saying the ban was too broad and infringed on freedom of expression.
Tamir Israel, a director at the Canadian Civil Liberties Association, said at the time Bill C-34 shares many of the same features as the French bill. Dalhousie University associate law professor Michael Karanicolas said a Charter challenge to Canada’s law is almost inevitable.
Bill C-34 was introduced in June and is up for second reading in the House of Commons on Wednesday. If it passes second reading, it must make its way through a House of Commons committee study and through the Senate before it can become law.
This report by The Canadian Press was first published Oct. 21, 2026.
Anja Karadeglija, The Canadian Press
