So remarkable is the fine print in Canada’s new law that Stalin and Mao would have been proud sponsors of such a law.
The annual Ides of March lamentation about the death of democracy in India has resumed in earnest. The reason: Sweden-based think-tank V-Dem has released its latest annual report n freedom and democracy around the world. The cover title is quite fancy: “Democracy Report 2024: Democracy Losing & Winning At The Ballot”. The authors were not surprised in the least when V-Dem reiterated its stance that India has descended almost irretrievably to become an “electoral autocracy”. In late 2021, the people who wrote the then annual report had already passed judgement that the Election Commission of India is no longer an independent body and has been subverted by the Narendra Modi regime. The authors wouldn’t waste anybody’s time by quoting chapter and verse the blithering nonsense written in the latest report. Some gems are enough. For instance, analysing South Asia, the “experts” at V-Dem write: “The level of democracy enjoyed by the average human being in the region is now down to levels last seen in 1975—almost half a century ago. That was when the Vietnam War ended and when Indira Gandhi declared a state of Emergency in India.” India, with 1.4 billion citizens, it seems, is primarily responsible for the decline in democracy witnessed in South and Central Asia.
Quite predictably, the legions of critics whose life in India is dedicated to demonising Narendra Modi, have found yet another weapon to lash out at him and his government. According to them, Modi has subverted every democratic institution including the Election Commission and even the Supreme Court ever since he became Prime Minister in 2014. In fact, they insist he has been displaying authoritarian and fascist traits ever since he became the Chief Minister of Gujarat. Once again, the authors won’t waste time analysing this irrational hatred towards a political leader. We are more interested in the astonishing claim made by V-Dem, and vociferously supported by its fans in India that democracy in Canada is genuinely liberal and far superior to democracy in India. Going back to actual facts, that is such a brazen lie that only “liberals” think they can hoodwink people by parroting it ad nauseam.
For those not following the state of democracy in Canada, its Parliament is enacting a new law that is called the Online Harms Bill or Bill B-63. Ostensibly, the new law is meant to protect children and other vulnerable groups from online predators. But so remarkable is the fine print in the new law that Joseph Stalin and Mao Zedong would have been proud sponsors of such a law in the contemporary world. Under this law, hate speech has become a criminal offence and can even lead to a life sentence. How is hate speech defined? It is content that expresses “detestation or vilification of an individual or a group of individuals based on their race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics and disability”. Judges in Canada will have the discretion to determine if an individual has committed a criminal offence by indulging in this kind of online hate. Anyone can file a complaint against any fellow Canadian citizen under this law and apart from jail, judges will have the discretion to impose a penalty ranging from $5,000 to $50,000 that will be handed over to the complainant. There is no provision to punish the complainant even if she has levelled blatantly false accusations of online hate. A new Canada Human Rights Tribunal is being set up to receive such complaints and process them, even in secret and without knowledge of the accused if the complainant wishes to remain anonymous.
What would happen if such a law were passed by Indian Parliament under a “fascist” Narendra Modi? Some examples will suffice. DMK leaders Udhayanidhi Stalin and A. Raja could potentially face life in prison for “hate” against Sanatana Dharma. Lalu Prasad Yadav too could be convicted under this “law” for mocking and insulting the marital status of Narendra Modi. Rahul Gandhi too would be in serious trouble for asking why most people with the Modi surname are thieves. On can go on and on. The new Canadian law has a provision which is even more frighteningly Orwellian and dystopian. A person can be punished in advance by a judge if there is an apprehension that the accused might commit the crime of online hate at a future date. A “potential” victim can approach the court under this law and the “potential” criminal can be sentenced to “house arrest” and wearing “electronic monitoring devices at all times”. Failure to comply will result in a one-year jail term.
Now, if you happen to have even a modicum of common sense, how is this new Canadian law not a direct and murderous assault on free speech, civil liberty and democracy? The mainstream media in Canada is so beholden to Prime Minister Justin Trudeau and his gang of “liberals” that they are hailing it as a momentous victory for human rights and democracy. The critics who are slamming this law as an affront to democracy have been banished from mainstream media platforms. They use social media platforms to highlight their concerns. But then, under the new law, some “liberal” Canadian judge can send the dissenters to jail for “online hate”. Can you call any country that has a draconian law like this a democracy by any yardstick? Yet, you have “experts” at think-tanks like V-Dem gushing about the success of liberal democracy in Canada, while they moan about the descent of a once “liberal” India into an electoral autocracy. Of course, there are thousands of secular liberals in India who unhesitatingly share the worldview of V-Dem. What can one say about these gymnastics over free speech and democracy?
The authors would conclude by highlighting another stupendous act of double standards. When Indian farmers protested against the three farm reform laws and effectively blockaded the national capital region for almost a year, causing untold misery to hundreds of thousands of commuters, Justin Trudeau publicly supported them and “warned” India against curbing the rights of farmers to protest. What happened at the end? The farm reform laws were withdrawn and even those arrested for wanton acts of violence had their cases withdrawn. Trudeau became a completely different animal when truckers in Canada launched protests against strict and rigid restrictions imposed on movements because of the Covid pandemic. They started a Freedom Convoy. Not only were the protestors arrested under national security laws but they were de facto branded as terrorists. Even their bank accounts were frozen and confiscated.
But who is the “fascist” who suppresses free speech and protests? Modi, of course. And who is the living epitome of liberal free speech? Why, Trudeau of course.
Yashwant Deshmukh is Founder & Editor in Chief of CVoter Foundation and Sutanu Guru is Executive Director.