What is the policy on discussing emulation in ~games?

Running a forum hosted in Alberta, Canada, involves navigating a mix of federal and provincial laws that could affect how you handle user-posted hyperlinks. As of April 4, 2025, there are no specific laws in Alberta or Canada that directly restrict hyperlinks themselves in a blanket way on forums. However, the content those hyperlinks point to—and the context in which they’re posted—can trigger legal responsibilities under various frameworks. Below, I’ll outline the key considerations and restrictions you should enforce to stay compliant and minimize liability, based on current Canadian legal principles and emerging trends.

Key Legal Considerations for Hyperlinks on Your Forum

1. Defamation Law (Federal and Provincial Common Law)

• Restriction: Hyperlinks to defamatory content (e.g., false statements harming someone’s reputation) could expose you to liability if you’re seen as endorsing or actively facilitating the spread of that content.
• What to enforce: Monitor and remove hyperlinks that lead to defamatory material if you’re notified or if it’s blatantly obvious. Canada’s Supreme Court ruled in Crookes v. Newton (2011) that simply posting a hyperlink doesn’t make you liable for defamation unless you repeat or adopt the content as your own. However, if your forum explicitly encourages or contextualizes the link in a way that amplifies the defamation, you could be on the hook.
• Action: Set a policy requiring users to avoid posting links to content that defames individuals or entities, and act promptly on complaints.

2. Copyright Infringement (Copyright Act, Federal)

• Restriction: Links to pirated or copyrighted material (e.g., illegal streaming sites, torrent pages) could implicate your forum if you’re deemed to “authorize” infringement.
• What to enforce: Prohibit hyperlinks to sites hosting unauthorized copies of movies, music, software, etc. While linking itself isn’t infringement under Canadian law (Crookes again applies), knowingly hosting links to illegal content might attract scrutiny, especially if your forum profits from or encourages such activity.
• Action: Include a rule banning links to pirated content and remove them when identified. Consider a takedown process for copyright complaints under the Notice and Notice regime (Copyright Act, s. 41.25), which requires ISPs to forward infringement notices but doesn’t directly apply to forum operators—still, it’s a good practice to avoid being a conduit.

3. Hate Speech and Illegal Content (Criminal Code, Federal)

• Restriction: Hyperlinks to content promoting hate speech, terrorism, or other illegal activities (e.g., child exploitation material) are a serious no-go. Under s. 319 of the Criminal Code, public incitement of hatred is a crime, and s. 163.1 covers child pornography.
• What to enforce: Ban links to sites with hate speech (targeting protected groups like race, religion, or ethnicity), terrorist propaganda, or explicit illegal material. If you knowingly allow such links to persist, you could face criminal liability as a contributor or facilitator.
• Action: Actively moderate for these links and remove them immediately. Report egregious cases (e.g., child exploitation) to law enforcement like the RCMP.

4. Privacy Laws (PIPA, Alberta; PIPEDA, Federal)

• Restriction: Links that expose personal information without consent could violate Alberta’s Personal Information Protection Act (PIPA) or the federal Personal Information Protection and Electronic Documents Act (PIPEDA), depending on your forum’s scope. For example, a link to a doxxing site or leaked data dump.
• What to enforce: Disallow links that lead to private personal data (e.g., addresses, SINs, medical records) unless the poster has clear consent or it’s publicly available by law. PIPA applies to private organizations in Alberta, and if your forum collects user data, you’re responsible for safeguarding it.
• Action: Remove such links if flagged, and warn users against posting them. Alberta’s new Protection of Privacy Act (Bill 33, passed late 2024, effective spring 2025) strengthens public-sector privacy but doesn’t directly govern private forums—still, it signals a broader privacy focus that could influence future rulings.

5. Misinformation and Consumer Protection (Competition Act, Federal)

• Restriction: Links to scams, fraudulent schemes, or misleading content (e.g., fake health cures) could draw regulatory attention under the Competition Act for deceptive marketing practices, even if you’re not the source.
• What to enforce: Discourage links to obvious scams or disinformation hubs. While I can’t judge misinformation’s truth (per my guidelines), you might face pressure if your forum becomes a vector for harmful fraud.
• Action: Add a rule against linking to fraudulent or deceptive sites, and take down links if they’re reported as scams.

6. Emerging Online Regulation (Bill C-63, Federal, if passed)

• Restriction: The Online Harms Act (Bill C-63), tabled in 2024, aims to regulate online platforms for harmful content like hate speech, terrorist content, and non-consensual intimate images. If it passes by 2025, forums could face stricter duties to remove linked content within 24 hours of a report.
• What to enforce: Prepare for potential proactive monitoring of links to “harmful content” categories (still TBD but likely aligned with Criminal Code offenses). Alberta’s government often resists federal overreach, but this law would apply nationwide.
• Action: Stay updated on C-63’s status and build a quick-response system for link removal if it becomes law.

Practical Enforcement Steps

• Terms of Service (ToS): Draft a clear ToS banning hyperlinks to illegal, defamatory, infringing, or harmful content. State that you reserve the right to remove posts at your discretion (private platform, your rules).
• Moderation: Use human moderators or AI filters to catch problematic links early. Respond to user reports swiftly.
• User Warnings: Notify users who post restricted links and suspend repeat offenders.
• Location Context: Since you’re in Alberta, hosting is likely subject to Canadian jurisdiction, but if users link to foreign sites, enforcement gets trickier—focus on what you can control (your platform).

Alberta-Specific Notes

Alberta’s legal landscape doesn’t currently impose unique hyperlink restrictions beyond federal laws. However, the province’s pushback against federal policies (e.g., via the Alberta Sovereignty Within a United Canada Act) might complicate future online regulations if tensions escalate. For now, align with federal standards and keep an eye on provincial privacy updates like the Protection of Privacy Act rollout in spring 2025.

Final Thoughts

You’re not legally required to police every hyperlink preemptively, but you must act if you’re aware of illegal or harmful content. Canadian law leans on notice-and-takedown rather than proactive censorship, but staying ahead with clear rules and moderation keeps you safe. If you’re unsure about a specific case, consult a lawyer familiar with Alberta’s digital legal space—laws evolve fast, especially with online platforms in the spotlight.