New Private Members’ Bills Combatting Online Pornography
Two Members of Parliament recently introduced private members’ bills to address pornography. Pornography is a growing challenge in Canada, especially with the prevalence of pornography and advancements in technology.
Bill C-275
At the end of April, Member of Parliament Burton Bailey introduced Bill C-275, An Act to amend the Criminal Code (sexual assault material).
Bill C-275 seeks to prohibit creating, sharing, or accessing videos or images that realistically appear to depict sexual assault. MP Bailey , who tabled the bill, said it is designed to prevent sexual assault victims from being further victimized when videos of their sexual assault are distributed online.
Section 162.1 of the Criminal Code prohibits sharing intimate images without consent. But section 162.1 requires proving that the offender knew that the person depicted did not consent to sharing the image, or was reckless as to whether the person consented. Section 162.1 applies regardless of whether the image was created with consent, provided it is shared without consent.
Bill C-275, however, would not require prosecutors to prove the lack of consent of the persons depicted (either to the sexual conduct depicted or to the creating or sharing of the material), but would apply to material that explicitly and realistically depicts non-consensual sex.
Bill C-277
Another problem related to pornography is the use of deepfakes – images or videos that seem real but have been edited or created with artificial intelligence.
In May, Member of Parliament Michael Coteau introduced Bill C-277, which would regulate deepfakes, including by requiring deepfakes to be labeled as such.
The bill does not address pornographic deepfakes specifically, but combats deepfakes that cause “significant harm,” including “psychological harm, such as humiliation and damage to reputation or relationships, as well as economic losses, such as loss of business, professional or employment opportunities, and identity theft.” This would clearly include deepfake pornography.
The bill would require owners or operators of online platforms to establish a process to identify deepfakes, create reporting mechanisms, label deepfake content, and take steps to prevent and remove deepfakes that may cause significant harm.
Rather than prohibiting deepfakes through criminal law, Bill C-277 would create a regulatory system and establish fines for platforms that violate the regulations.
Conclusion
The pervasiveness and effects of pornography in Canada are well documented. Increasingly, online pornography includes sexual abuse and deepfakes. Both types of pornography objectify women and mainstream sexual violence. We are grateful that these MPs are attempting to address elements of these issues through legislation.
