The Criminal Code of Canada defines a range of illegal activities in this country including libel and obscenity (sexually violent material), child pornography and hate propaganda. In most cases, these laws extend to materials and activities in print, magazine, broadcast, film and the Internet. As of June 2002, however, child pornography and the luring of children are the only two offences that specifically refer to the Internet.

Defamatory Libel

Defamatory libel is published material that could injure a person’s reputation by exposing him or her to hatred, contempt or ridicule. The act of "publishing" a libellous comment can include exhibiting it in public, causing it to be read or seen, or showing it with intent that it be read by others — all of which would also apply to comments published on a Web page, or posted to a newsgroup or listserv.

Obscenity

Under the Criminal Code, depictions of violence are not considered offences unless they’re joined with "the undue exploitation of sex." That combination of sex and violence is defined as obscenity.

Hate Propaganda

Publicly inciting hatred, wilfully promoting hatred or advocating genocide are criminal offences under the Criminal Code (section 318) — regardless of how those messages are communicated. The two most important aspects here are "public" and "communication" — the communication (whether by telephone, broadcasting or any other audible or visual means) must take place publicly.

Because of this, the law may treat the Internet differently: a distinction can be made between relatively private online communications, such as e-mail, newsgroups, interactive chat sessions, private bulletin boards, or instant messaging; and a Web site, which is by its nature a public medium.

In cases where material is published or distributed, liability for the offence of hatred may extend beyond the originator to include any third party that facilitate or transmit the offensive material — including Internet service providers, newsgroup operators, or operators of bulletin Boards or mailing lists.

Child Pornography, and Luring of Children on the Internet

Criminal laws against the sexual exploitation of children include the making, printing, publishing, possessing, and distributing of child pornography. In June 2002, the Code was amended to include specific references to child pornography on the Internet. This legislation makes it an offence to view child pornography on an Internet browser.

The same amendments also defined another offence: the luring of children on the Internet. This law criminalizes the act of approaching a child over the Internet for the purpose of facilitating sex.

Full Text: Criminal Code