Last week, the Government of Canada introduced Bill C-58, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service. Once passed, this simple piece of legislation is expected to change the landscape (netscape) of online child porn. Child pornography is a multi-billion dollar a year industry and the internet has become its primary market place.
The act requires internet service providers to report the internet protocol address or url of any of their clients about whom they are advised or believe may be hosting child pornography. They are also required to preserve the evidence of reported child pornography on their servers for a 21 day period unless required by a court order to keep it longer.
The legislation goes on to protect the internet service provider from lawsuits arising out of their preservation and disclosure to appropriate authorities of the information related to the child porn.
Failure to report is a criminal offence.
Hopefully the legislation will move swiftly through the House of Commons and the Senate. In the protection of children, Bill C-58 will be good companion legislation to last year’s raising of the age of consent to sexual activity with an adult from 14 years of age to 16 and Bill C-268, An Act to amend the Criminal Code (minimum sentences involving trafficking of persons under the age of 18) which is currently being delayed in the Senate following strong support and passage in the House of Commons.
From the initial passage of child pornography legislation in 1993, through the validation of that legislation by the Supreme Court of Canada in R v Sharpe in 2001 to the current proposal intended to police internet distribution of child porn, Canada has extended increasing protection for children against a crime that was once thought unimaginable. This is good law.
Children deserve the right to be children, protected – not perverted – by all adults in their life.