Freedom of Expression, Discrimination, and the Internet : Legislative Responses and Judicial Reactions

In this paper I emphasize that a critical and honest discussion of the sources and harmful consequences of online racism is needed sooner, rather than later. While appropriate responses may involve court-enforced remedies or legislative reform, complex problems call for comprehensive solutions, which extend beyond the reach of the law. At the political level for example, any vigorous defence of free speech must acknowledge that hate speech continues to cause deep harm to racialized individuals and communities in Canada. In other words, if the defence of freedom implies a defence of the right to engage in racist speech at the expense of racial minorities, then serious consideration must be given to whether freedom is truly the end-goal. In the final section of this paper, I gain inspiration from pedagogical experts who explain that online manifestations of racism can be directly connected to how young people learn and interact in the school environment. The institutional culture of schools can inadvertently serve to perpetuate prejudices and stereotypes. For this reason, educators, administrators, and policy-makers must look beyond curricula when confronting racism in schools. I explore the incorporation of a literacy program which includes teaching both legal literacy and digital media literacy, and which has the goal of empowering young people to navigate the Internet in a safe and positive way