The Problem of 'Awful but Lawful' Speech: Law and Policy Responses to Online Extremism

The digital revolution has birthed a new (digital) public sphere with a size and scale that vastly outstrips the state's ability to meaningfully regulate potentially harmful expression. Social media companies have become reluctant censors and the law and policy of online expression lags far behind technology. While Canadian law prohibits some forms of extreme and harmful expression, such as hate speech, most harmful expression isn't technically prohibited. Instead, it comfortably finds itself in a grey area between what's considered offensive and what's prohibited by criminal or human rights law. Given the unsettled contours of hate speech in Canada, this panel will highlight the complexities of online extremism and examine potential effective responses.