2026
Social Media and Threats: When Online Messages Become Criminal
In Canada, online bullying, threats, and/or cyberstalking are serious business and can be prosecuted as equal to if you had said the same thing out loud and in person. Online threats are not in their own category, but under the Criminal Code of Canada they may violate any one of multiple specific provisions, alone or in combination. In today’s blog we are going to look at some of these possible provisions.
Uttering Threats (Section 264.1)
When someone knowingly sends a message threatening death, harm, or damage to property.
Criminal Harassment (Section 264)
Sending repeated messages and/or tracking someone’s activity online so as to make that person fear for their safety.
Harassing Communications (Section 372(3))
Sending repeated messages with the intent to harass them.
Non-Consensual Distribution of Intimate Images (Section 162.1)
Making available intimate images or video without the partners’ consent.
Hate Speech and Public Incitement (Section 319)
Promoting hatred against a person or persons or identifiable group because of their race, religion, sex, sexual orientation, gender, or disability.
These offences listed above are just some of the possible provisions that can be violated. There are others. In addition, one sentence can contravene multiple provisions. And please note that one message can lead to criminal charges. You can break the law by posting on social media, emailing, sending private messages, and/or encouraging others to do so.
Unfortunately, many people are under the assumption that they are in some way shielded by saying rude, harassing or threatening things online. This is not the case in Canada, so, don’t do it!
Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.
If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.