January 2021

Social media platforms have revolutionized the way people receive and deliver their news and information. Industry players, legislators, and consumers of social media have all had to adapt to this new medium of speech. While having the permanence and public nature of traditional forms of news, such as newspapers, social media posts are not subject to the same kinds of editorial review and control. The sheer volume and pace of social media posts has made it impractical for social media companies to maintain a similar amount of content review as newspapers or television broadcasts.

Although this new environment has provided a robust avenue for free speech, it also creates legal risks as it becomes difficult to protect against illicit forms of speech. Social media companies face both business and legal risks in Canada where their platforms are used by consumers to spread illicit speech. To thwart this risk, social media companies may need to consider monitoring and removing illicit content without taking on undo expense or undermining the benefits of the platform.

In the last month of 2020, Canadian courts decided two proceedings involving alleged copyright infringement and social media platforms. Both proceedings were small scale and involved foreign copyright holders. One proceeding was heard by the British Columbia Civil Resolution Tribunal (BCCRT) and the other was heard by the Federal Court of Canada (FC) under its simplified procedure for small claims.