The bill has sparked a contentious debate, weighing the use of age verification protocols to protect youth against concerns for online privacy and freedom of expression.
Age against the machine
If enacted, Bill S-210 would establish a legal structure for enforcing age verification on adult content websites, granting the government authority to dictate the specifics of its execution, such as determining acceptable methods for verifying users' ages.
According to the legislation, these methods must be "reliable" and safeguard user privacy. While it stops short of specifying which methods should be used, it allows collecting personal data strictly for age verification purposes — unless the law requires otherwise — and requires the deletion of this data following verification.
Still, the debate surrounding the bill has spotlighted potential privacy concerns, especially regarding the proposed use of digital ID systems and facial recognition technology. These suggestions have sparked significant worry among privacy advocates, who fear for the security and misuse of personal information.
The discussion has also highlighted broader implications for data security, user privacy, and the risk of personal information misuse, with critics arguing that collecting personal data, even with the best intentions, could inadvertently lead to increased surveillance and vulnerability to data breaches.
Furthermore, there is concern that compulsory age verification could restrict adult access to lawful content on social media and search engines, compelling businesses to curtail their services in Canada to sidestep the potential legal and financial repercussions stipulated by the bill.
Protections vs. privacy
Supporters of the bill argue its necessity in protecting minors from the harmful effects of early exposure to pornography, which they say reinforces negative gender stereotypes and potentially fosters addiction.
Senator Miville-Dechêne has rigorously defended the bill on social media, recently taking to X (formerly Twitter) to draw parallels to familiar regulatory practices in physical establishments to make her points.
"An easy, real-world parallel [to Bill S-210] is a bar that refuses to check ID and allows minors. Violating the law in such a manner might result in the bar losing its liquor license, thus preventing anyone (adults and minors) from patronizing the establishment... The rule should be the same for online porn: if a website doesn't follow the law and doesn't prevent minors from accessing adult content, it might get blocked, and then everyone will lose access," she tweeted recently.
But opponents point out that the internet, unlike a bar that can deny entry to minors based on age, is a vast space that serves more than just porn, making enforcement of such laws challenging without infringing on privacy rights.
"Bill S-210 does not contain a threshold. It creates age verification requirements for any site — including social media and search sites — that make sexually explicit content available," Michael Geist, a University of Ottawa professor and Canada Research Chair in Internet and E-Commerce Law, tweeted about the proposed law. He warns that age verification tech standards could legally apply to "gaming platforms, live streaming video, virtual reality, online advertising, and chat forums," given the bill's wording.
Pornhub precedent
While Canada mulls over the implications of Bill S-210, the United States is already navigating the choppy waters of online content regulation through age verification. States like North Carolina and Montana have introduced laws necessitating age checks for accessing adult websites, leading Pornhub and its parent company, Aylo (formerly MindGeek), to limit service in these areas.
The response from Aylo has been to greet users from these states with a video from performer Cherie DeVille, outlining the company's concerns that ID-based access compromises safety and privacy.
Aylo's proposed solution is device identification for user verification, arguing it protects all parties without the invasive step of ID verification. The stance, resulting in a service shutdown in affected states, reflects a broader trend across the U.S., with states like Utah, Arkansas, Mississippi, Virginia, and Louisiana adopting similar measures. Texas, meanwhile, has added a health warning to the mix, despite largely unsubstantiated claims surrounding pornography's impact on human brain development.
Legislative crossroads
In Canada's political arena, opposition Leader Pierre Poilievre specified this week that a Conservative government would see porn websites mandating user age verification. Poilievre answered "yes" to inquiries on February 21 about the party's stance on age verification for accessing adult content online.
His office later issued a statement clarifying Conservative party opposition to the implementation of a digital ID system.
The progression of Bill S-210 through Parliament has revealed a cross-party consensus that's somewhat rare in the current political climate. Conservative, NDP, and Bloc MPs, along with some Liberal MPs, have shown support for the bill at its second reading, propelling it into committee for a closer look. Despite the Canadian Heritage minister’s office labelling the bill as "fundamentally flawed," the broad, albeit cautious, backing suggests there's momentum toward making it law.
Whatever direction is chosen in the coming months will not only impact access to adult websites but also test the country's commitment to privacy and digital rights. It's a legislative tug-of-war that might just determine if Pornhub gets to keep its Canadian fanbase or if it's "light's out" for unrestricted adult content up North.
Plenty of election-inspired searches end up near the top.Pornhub
Traffic was especially low as polls around the country closed. Pornhub