The federal government introduced the much-anticipated legislation Wednesday that would ban children under 16 from holding social media accounts and require platforms to prove they are “safe by design” for young users before being exempted from the restriction. 

The proposed Safe Social Media Safety Act would also establish an independent Digital Safety Commission, whose governor-in-council appointees would be responsible for administering and enforcing the law, as well as imposing fines of up to three per cent of a company’s global revenue. 

“We have to be honest, we are behind, Canada is behind, our laws are behind the digital era,” Minister of Canadian Identity and Culture Marc Miller said at a press conference Wednesday evening.  

“The measures in this bill represent, in my view, the basic expectations of parents and Canadians for keeping their kids safe online,” Miller said. 

Currently, the bill would apply to traditional social media services like Facebook and X or platforms with users that meets a threshold. It requires platforms to remove child sexual exploitation material and non-consensual intimate images within 24 hours, and implement child-safety measures, while also having companies publicly file a digital safety plan–all of which will be overseen by the commission. 

While platforms could eventually be able to seek exemptions by demonstrating their services are safe for children, Miller confirmed that social media companies would still be expected to restrict accounts for users under 16 once the legislation receives royal assent. 

“The exemptions is a process whereby they would have to demonstrate that they are safe by design and that will be the process of compliance that they will enter into the commission as it gets phased up,” Miller said. 

The bill also takes action against AI chatbot, in the wake of Tumbler Ridge case, but stops short of imposing a blanket age restriction. 

Asked by reporters why a total age restriction isn’t imposed, Miller said the service is still relatively new and has not gone through extensive study like traditional social media platforms. 

He added it can also serve as educational purposes, making a total ban premature. 

The legislation comes after Liberal Party members voted at their annual convention in April to adopt a non-binding policy supporting age restrictions for social media. In the same month, Manitoba became the first province to announce its move to enact a social media ban for kids. Other provinces, including Ontario, Alberta and New Brunswick have said they are considering doing the same. 

Child health advocates and online safety experts welcomed the legislation, but argued that it would ultimately depend on how the new regulator defines and enforces platform safety standards. 

“I think time will tell, but it’s a good first step,” said Jenny Yuen, executive vice president at Kids Help Phone, a national youth mental health and crisis support service. 

She added that the proposed exemption system could allow platforms to preserve some of that benefit if tech companies make meaningful safety improvements. However, Yuen cautioned that the transition period and opt-in model will require clear public communication to avoid confusion among parents and young users. 

While lots still depend on the commission and its enforcement, Yuen said it’s important to strike a balance of fostering a safe online space for children. 

Yuen echoed a similar sentiment to Miller, saying that the service does offer educational purposes. 

“That’s why we focus on safety by design and the push for that is really welcomed and needed when we’re looking at new technology like this,” Yuen said. 

On age-verification measures, Yuen warned against treating them as a silver bullet. 

She said young people could still inevitably find ways around restrictions. Instead, she proposed making digital literacy and online safety education as part of the enforcement. 

“There are various stages of change that can happen in the ecosystem… so the education side is really about literacy and how to keep yourself safe,” Yuen said. 

The Canadian Medical Association also echoed a similar sentiment, stating the government, regulatory bodies and digital platforms have a responsibility to regulate harmful design features on social media and AI chatbots.

“We need strong public oversight, including a strong national independent regulator with better access to platform data and the authority to protect young people effectively,” Dr. Bolu Ogunyemi, the CMA’s president wrote in a statement.

Ogunyemi added that Canada’s doctors will continue engaging on the legislation, while calling on federal parties to “act quickly” to move the bill through parliament.