Mr. Speaker, I rise today to speak on Motion No. 384 tabled by the hon. member for Winnipeg North requiring the government to move with speed to adopt legislative measures aimed at stopping the spread of hate propaganda via the electronic information highway while simultaneously preserving the legitimate use of the freedom of speech.
I would like to express my support for this motion immediately and I congratulate my colleague for Winnipeg North on this excellent private member's initiative.
As a member of a minority and a fighter for human rights since my youth, I am very much attuned to the fight against hate propaganda. I worked for many years with the union movement, which was behind the fight against racism and discrimination. I was also on the board of directors of the Quebec Civil Liberties Union. Many messages of hate and intolerance are directed at minorities, particularly visible minorities.
We must fight hateful, racist and discriminatory remarks expressed in all sorts of ways, including those appearing on the Internet.
Information technology is advancing by leaps and bounds. Thanks to the computer network, of which Internet is the latest and most impressive example, we can be in instant contact with people on other continents and in distant countries.
Internet currently comprises over 30,000 networks, 2.5 million computers and 35 million users in over 100 countries. These figures are rapidly increasing. A computer, a modem and a telephone are all it takes to access this information highway.
The Internet network can transmit documents, images, voice, music, films and so on.
Many Canadian firms are involved in setting up electronic highways, including Bell Canada, Northern Telecom, Unitel, Videotron, Rogers Communications, Stentor and the Sprint group.
These new technologies, however, cause considerable concern in some sectors of society as the media point out increasingly. What we have here, in some respects, is a public debate on certain basic moral values of the highest importance. All democratic societies must combat racism, discrimination and hatred. On the other hand, they must also protect freedom of speech and expression, and every person's right to respect, dignity and equality.
But, the state is not always well equipped to rise to the challenges brought on by the rapid and overwhelming development of new information technologies. I think that the motion introduced by the hon. member for Winnipeg North is of great merit, for it opens up discussion in this House on this very important issue.
Under our justice system, it is section 163 of the Criminal Code which governs obscenity and section 319 which governs the distribution of hate propaganda. The first provision, more particularly subsection 163(1), states that "Every one commits an offence who makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or other thing whatever". This subsection deals with mechanical or electronic means.
On the other hand, section 319 states that "Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty-". The provision describes two situations giving rise to a criminal offence: " (a) inciting hatred by communicating, in any public place, statements that may lead to a breach of the peace'', and `` (b) promoting hatred against any identifiable group by communicating statements other than in private conversation''.
Are these provisions adequate to deal with the problems identified? For some people they are, but not for me. I should mention that our Criminal Code applies only in Canada, but the situation we are describing goes beyond our borders.
The problem is an international one, and it is therefore necessary to promote international co-operation on this issue. Incidentally, Canada has signed international conventions that could apply to this area. The two most important ones are the Convention on the Prevention and Punishment of the Crime of Genocide, ratified in 1947, and the International Covenant on Civil and Political Rights, ratified in 1976.
Hate messages may be sent from any country. It is therefore desirable to draft and adopt international guidelines for the use of the Information Highway.
The matter should even be taken up at the UN. The U.S. Congress is now examining a bill that deals with the proliferation of this kind of information on the Internet. One of the provisions of this bill provides for fines of up to $100,000 if a person uses a computer to annoy, insult, threaten or harass. I think this is an interesting proposal, and I also think a certain amount of co-operation between Canada and the United States would be desirable in this respect.
I support the suggestion made by the mover of this motion that we should adopt a code of conduct for suppliers of services on Internet and provide for a complaints mechanism.
The authorities should also start a campaign to educate the public and Internet users and suppliers on the right way to use the Information Highway and their responsibilities in this respect.
Users and service suppliers should also exercise a certain amount of self-discipline and restraint. So far, there have been no instances of legal action in Canada. The Minister of Justice and Attorney General of Canada must be vigilant when dealing with statements inciting hatred, violence and prejudice that are transmitted on the Internet. These hate messages constitute statements in the meaning of section 319 of the Criminal Code. The government should table legislation in Parliament to deal specifically with such cases.
The government must act immediately. We must fight racism, discrimination and intolerance. We must fight neo-Nazi groups, extreme rightist groups that promote white supremacy, anti-semitic groups, the Klu Klux Klan and all other groups that promote this kind of prejudice, and finally, all those who use the Information Highway to spread hate propaganda.
I therefore support this motion.