Canada's Human Rights Commission Studying Approaches To Internet Hate Speech

Canada's Human Rights Commission is launching a review of how it handles complaints of Internet hate speech, according to today's National Post. In the wake of at least three cases involving complaints by Muslim groups about articles or cartoons appearing online, the Commission has asked University of Windsor Law Professor Richard Moon to conduct the study. Section 13 of the Canadian Human Rights Act defines as a discriminatory practice communication over the Internet of "any matter that is likely to expose a person ... to hatred or contempt ... on the basis of a prohibited ground of discrimination." Critics say the "likely to expose" test is too broad, since it takes account neither of intent nor of truth as a defense. Prof. Moon's study could recommend legal changes or the drafting of guidelines for the Commission to use in such cases. At the same time, an internal study by the Commission will look at investigative methods used by the Commission staff. The Commission has been criticized for staff use of pseudonyms to access and post material on websites under scrutiny.