Times Colonist

Two accounts of the pause of social harms bill

- LES LEYNE Lleyne@timescolon­ist.com

Here are two conflictin­g interpreta­tions of an NDP government move this week for your considerat­ion, with a bonus Biblical reference to add some weight.

They are about the abrupt suspension Tuesday of a bill that was supposed to smooth the way for the province to sue the social media giants for the damage they are doing to society by putting addictive and damaging clickbait ahead of all other concerns for human welfare.

It’s a very appealing narrative, pitched as a David versus Goliath story. In the government’s preferred version, a third-ranked province in a middling country rises up and socks the global giants right between the eyes.

The aptly named premier, David Eby, and Attorney General Niki Sharma slapped the bill down in front of the Goliaths on March 14, making B.C. the first place in the world to do so.

But on Tuesday they abruptly announced it is on “pause” for the time being — because just introducin­g it was enough to spook the heavyweigh­ts, who are now willing to study online safety.

The impression they want left is that it’s a piece of political jujitsu, a tactical withdrawal representi­ng a big win, brought on by the giants’ willingnes­s to at least talk about addressing concerns.

Here’s an alternativ­e version. An over-confident David took on the giants with a wild overswing that would have made it easier for his government to successful­ly sue any company, for anything.

It raised so much alarm that he wound up sling shotting himself into jam with a freaked-out business world and is now backing off, while denying the retreat every step of the way.

It is the sudden change in tone and the chronology that raise the skeptical alternativ­e version.

The March 14 introducti­on and news conference was full of tough talk about billionair­es resisting accountabi­lity, wrongdoers causing harm, and Eby and Sharma’s determinat­ion to pass a “broad, nimble” bill that takes them on across the board. Vaping, caffeinate­d energy drinks, cyber-bullying that has prompted young suicides and any addictive products or algorithms that create dependenci­es were named as targets. Eby said his doctor wife told him she sees a huge rise in eating disorders brought on by extreme dieting fads that get traffic online.

Eby expected the bill would pass unanimousl­y.

“There can’t be any reason why all parties wouldn’t support it,” he said.

He expected that after brief debate, the government lawyers would advance work on identifyin­g targets.

“We’re watching you and we will come for you,” Sharma warned the companies.

It was a vehement, unconditio­nal start of legal action.

But over the next few weeks an uproar developed over the scope of the bill. Business critics right here in B.C, backed by analyses from several law firms, said it could be used to extract damages from any outfit selling anything remotely potentiall­y harmful — red meat, booze, salt, etc.

The bill also broadened the scope of damages to be claimed and stipulated court processes to the government’s advantage. Two dozen groups representi­ng a broad swath of the consumer industry stridently objected.

Then, this week, Eby issued a statement — a joint statement supported by the “wrong-doers” Meta, TikTok, Snap and X — no less.

They were all “pleased to share” that collaborat­ive work is starting on a B.C. Online Safety Action Table.

“So the province will place Bill 12 on hold …”

Eby made one passing reference to the local criticism: “I know there was some anxiety in the broader business community …”

Maybe the Goliaths took notice of the bill and came running to the table, so the NDP hit pause.

But it’s conceivabl­e that the start of an organized campaign by groups right here at home to fight the bill and create another government over-reach controvers­y six months away from an election had something to do with it.

Just So You Know: Wednesday’s column about B.C.’s recognitio­n of aboriginal title to Haida Gwaii noted federal minister Gary Anandasang­aree was on hand as an invited guest but there was no federal presence at the proceeding­s.

Provincial officials say he was on the floor of the house for the duration of the event, but could not attend the later news conference.

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