Kinew says watchdog could enforce proposed social media ban

Premier Wab Kinew floated the possibility of using a regulator or commissioner to enforce his proposed ban on social media and artificial intelligence chatbot use for kids.

“I think what you could potentially see is a regulator-commissioner type who would have the ability to say ‘You’re out of compliance with law in Manitoba. Let’s talk about how you get back into compliance,’” Kinew told reporters Wednesday.

“Then of course, if that doesn’t happen, you have the avenue of fines and other remedial actions.”

Kinew pledged a ban on social media use for children under 16 during an address last month.

The province could likely establish a terms-of-use framework that mammoth technology companies would need to follow, Kinew said. He cited consumer protection law, which the provincial government oversees.

Unfair business practices are also regulated at the provincial level.

“The terms of service that are used to define the relationship between the platform and, in this case, the child, should be rebalanced in favour of the user,” Kinew said. “Right now, they’re completely defined by the tech platforms.”

He didn’t provide a timeline for when new legislation would be introduced, but he noted ironing out the details will take time. It would be an entirely new law, not an amendment to an existing law, he said.

Tory Leader Obby Khan asserted there should be a national approach.

Children can skirt around Manitoba’s restrictions by using virtual private networks (VPNs), which can show you’re in a different location than you are, he said.

“(If) it’s so easy, why hasn’t any other province done it?” Khan said. “(Kinew) doesn’t have a plan. He wants to get out the gate, steal the limelight.”

Every other province in Canada would get on board with a social media plan, Khan said, adding such a ban needs to be done “thoughtfully.”

Kinew said he’s talked to federal Culture Minister Marc Miller. In April, Miller said Ottawa was seriously considering restricting children’s access to AI chatbots and social media.

The Saskatchewan government is circulating surveys to gather feedback on limiting social media access for youth.

“If we can work with the federal government, if we can work with other provinces and territories in the future, we’ll be very happy to do so,” Kinew said.

“It’s my thought that if it’s Manitoba versus the big tech platforms, that might be David versus Goliath,” he said. “But if we have a critical mass of provinces and states working together, perhaps the federal government as well too, all of a sudden the power dynamics shift.”

Kinew said the ban, as it’s being conceptualized, wouldn’t extend to adults, although he encouraged people to think about the potential harms stemming from using social media and artificial intelligence chatbots.

“We might all enjoy posting photos of our kids, celebrations and stuff like that,” Kinew said. “But we need to have an awareness that all those photos are now being used to train large language models.”

Education Minister Tracy Schmidt said last month the social media ban would likely begin in Manitoba schools.

gabrielle.piche@winnipegfreepress.com