Bill C-277: An Act to provide for the regulation of the online use of deepfakes and for related transparency measures

Short Title Short title 1 This Act may be cited as the Regulating the Online Use of Deepfakes Act . Interpretation Definitions 2 The following definitions apply in this Act. deepfake  means a photographic, video or audio recording of an individual that, in a manner that is intended to make the recording appear or sound authentic, (a) is edited through the use of an artificial intelligence system to replace the individual’s appearance or voice; or (b) is created through the use of an artificial intelligence system and uses an individual’s identifiable characteristics — such as their appearance or voice. ( hypertrucage ) Minister  means the Minister of Industry. ( ministre ) operator  means the owner or operator of an online undertaking, within the meaning of section 2 of the Broadcasting Act , or of a platform, such as an online service or application, that connects to the Internet, including a social media service. ( exploitant ) significant harm  includes psychological harm, such as humiliation and damage to reputation or relationships, as well as economic losses, such as loss of business, professional or employment opportunities, and identity theft. ( préjudice grave ) social media service  means a website or application that is accessible in Canada, the primary purpose of which is to facilitate interprovincial or international online communication among users of the website or application by enabling them to access and share content. ( service de média social ) Purpose Purpose 3 The purpose of this Act is to protect individuals and their interests from the significant harm that may be caused by deepfakes by regulating their online use and dissemination, including by increasing transparency with respect to their use. Duties of Operators Duty to establish process 4 Every operator must establish a process to identify any deepfake that is shared via its products or services, including reporting mechanisms for users. Duty of transparency 5 Every operator must take reasonable steps in the design and operation of its products and services to ensure that any deepfake that is shared via its products or services is clearly identified as such. Duty of care 6 (1) Every operator must take reasonable steps in the design and operation of its products and services to prevent any deepfake that may cause significant harm to an individual or to their interests from being shared via its products or services. Removal of content (2) Every operator must remove from its products and services a deepfake referred to in subsection (1) as soon as feasible after it has been identified. Duty to keep records 7 (1) Every operator must keep all records, including information and data, that are necessary to determine whether the operator is complying with its duties under this Act. Regulations (2) The Governor in Council may make regulations respecting the records to be kept and maintained by an operator. Administrative Monetary Penalties Violations 8 (1) Every operator who is found under the regulations to have committed a violation is liable to the administrative monetary penalty established by the regulations. Party to violation (2) If an operator commits a violation, any director or officer of the operator that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the operator has been proceeded against in accordance with this Act. Purpose of penalty (3) The purpose of an administrative monetary penalty is to promote compliance with this Act and not to punish. Regulations (4) The Governor in Council may make regulations respecting an administrative monetary penalties scheme, including regulations (a) designating the provisions of this Act or of the regulations the contravention of which constitutes a violation, including those provisions the contravention of which, if continued on more than one day, constitutes a separate violation in respect of each day during which the violation is continued; (b) respecting the proceedings in respect of a violation, including in relation to (i) commencing the proceedings, (ii) maintaining the confidentiality of information in the proceedings, (iii) the defences that may be available in respect of a violation, and (iv) the circumstances in which the proceedings may be brought to an end; (c) respecting the administrative monetary penalties that may be imposed for a violation, including in relation to (i) the amount, or range of amounts, of the administrative monetary penalties that may be imposed for a violation, (ii) the factors to be taken into account in imposing an administrative monetary penalty, (iii) the payment of administrative monetary penalties, and (iv) the recovery, as a debt, of unpaid administrative monetary penalties; (d) respecting reviews or appeals of findings that a violation has been committed and of the imposition of administrative monetary penalties; (e) respecting compliance agreements; and (f) respecting the persons or classes of persons who may exercise any power, or perform any duty or function, in relation to the scheme, including the designation of such persons or classes of persons by the Minister. Violations not offences 9 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.