Feds table amendments to Criminal Code, resembling ghost of online harms bill

The federal government’s proposed amendments to the Criminal Code could hint at the revival of split legislation formed on the rubble of Bill C-63, says Emily Laidlaw, law professor and Canada Research Chair in cybersecurity law at the University of Calgary. Bill C-16, the Protecting Victims Act, which was tabled Tuesday, Dec. 9, proposes a range of reforms to the Criminal Code, including changes to the Mandatory Reporting Act. The proposed amendments to the Mandatory Reporting Act are nearly identical to those in part four of the previous government’s online harms bill, Bill C-63, which died when Parliament was prorogued early this year. The amendments include increasing the data preservation requirements for computer data related to reports of child sexual abuse and exploitation material from 21 days to one year. The limitation period for prosecution would also be raised from two years to five. Other proposed changes to the act include clarifying that it applies to all internet services in Canada, “including online platforms, social media, and other application-based services,” according to the bill’s backgrounder. It also clarifies that any persons providing internet services with a connection to Canada must report child sexual abuse and exploitation offences to law enforcement. Laidlaw says the changes to data retention are granular but necessary, and she is glad to see clarification on reporting requirements. “We just need better ease of who is scoped in to have to report child sexual exploitation material,” she told The Wire Report. In an email to The Wire Report, a spokesperson for the Department of Justice Canada confirmed the proposed amendments are the same ones that were outlined in Bill C-63. Laidlaw argues the government was trying to cram too much into one piece of legislation with last year's online harms bill, and says splitting it up would be the right approach. “It should never have been introduced as an omnibus bill,” she says. While C-63 mostly aimed to tackle rules and regulations for social media operations, C-16 aims “to better respond to child exploitation including child sexual exploitation,” the spokesperson said. The bill proposes several child protection amendments that were not in C-63, including creating a new offence that prohibits threatening to distribute child sexual abuse and exploitation material. It would also ensure the child luring offence references extortion so it can be applied to sextortion cases. Laidlaw says she is pleased about the proposed child protection provisions, saying they are “some much needed amendments to the Criminal Code.” Laidlaw says while she thinks there is a relationship between C-16 and C-63, she is glad to see the child protection laws introduced separately from the rest of the online harms bill. “It makes sense to the extent that they’re looking across the landscape about what is needed, where the weaknesses are in the Criminal Code,” she says. Other new provisions aim to strengthen the response to intimate partner violence and femicide. The bill seeks to include non-consensual sexual deepfakes as part of the offence prohibiting the non-consensual distribution of intimate images, and increase the maximum penalty to 10 years on indictment. The bill also includes criminalizing threats to distribute intimate images, including deepfakes, which Laidlaw says is “critically important.” Further, the bill proposes creating a new hybrid offence which would prohibit distributing bestiality depictions, including deepfakes. It would also clarify that the existing offence prohibiting making sexually explicit material available to a child includes bestiality material. Prime Minister Mark Carney’s Liberals campaigned on many of the amendments included in C-16, including criminalizing non-consensual sexual deepfakes, increasing the penalty for distributing intimate images, cracking down on child luring, and protecting children from online sexploitation. While Laidlaw applauds the bill, she hopes to see the bulk of the social media regulation from C-63 reintroduced in the new year, and warns against the government believing C-16 will solve all of its online-harms-related problems. “Absolutely none of this addresses the obligations on social media and the risk management that comes along with providing these kinds of services, all of that is still unaddressed,” she says. “And it couldn’t be addressed in this bill, so it’s not a flaw of this bill.” “What worries me always is the view: ‘Okay, we’ve done it now. We’ve solved it. We’ve addressed these issues,’” she added, hoping that the government does not cease dealing with online harms after having “addressed one part.” In November, the federal government promised to usher in a new online harms bill, taking a multi-pronged approach to the legislation. Minister of Justice Sean Fraser said three ministers will contribute to the proposed law. At the time, Fraser said the bill would be introduced in “a few weeks.” It is not clear whether Tuesday’s announcement is part of the new law. The House rose for the holidays on Thursday, Dec. 11. The next sitting will start on Monday, Jan. 26. mcollins@thewirereport.ca

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Feds table amendments to Criminal Code, resembling ghost of online harms bill

Regulatory | By Maria Collins |December 12, 2025

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By Maria Collins
|December 12, 2025