Freedom of Expression and the Digital Speech Ecosystem

Recorded at the Schulich School of Law at Dalhousie University in Halifax, this “Freedom of Expression and the Digital Speech Ecosystem” presentation features a panel of experts on freedom of expression, digital platforms and online harms: Richard Moon, University of Windsor, Jonathon Penney, Osgoode Hall Law School, and Suzie Dunn, Dalhousie University, and is moderated by Michael Karanicolas, Dalhousie University.

The presentation examines how social media and data-driven business models unsettle traditional assumptions behind freedom of expression, including rational listeners, diverse information sources and the idea that harmful speech can always be answered with more speech. Drawing on Canadian Charter jurisprudence under section 2(b) and section 1, emerging online harms proposals and comparative references to European-style digital services regulation, the panel explores how disinformation, hate speech, surveillance and coordinated online harassment expose the limits of criminal law, civil liability and human rights codes designed for an offline world. Discussion of chilling effects highlights how privacy-invasive surveillance, targeted prosecutions and mobbing campaigns aimed at marginalized communities, as well as recent Canadian decisions on online harassment, family violence and intimate-image abuse, reshape the balance between protecting robust debate and safeguarding equality, safety and democratic participation. Practically, the speakers emphasize duties of care and data loyalty for platforms, stronger oversight of algorithms that reward polarizing content, faster civil remedies and trusted-flagger models for victims, and the need for rights-based regulation that supports safer digital spaces without defaulting to bans or abstinence, making this a timely and insightful resource for lawyers who advise on speech, platform governance and technology law.