Where do we draw the line?- Child Pornography an editorial by Shelby
Where do we draw the line? – Child Pornography
By
Shelby Campbell, for BRCI Editorials Posted: October 19, 2017 9:29 AM CST Last
Updated: October 27, 2017 9:55 AM CST
A pictured gavel representing the justice in
which we wish to see for victims.
Whether it’s happened to you or you have heard
it on the news, stories of child pornography have been a prominent issue in our
modern world. Having easy access to the internet creates a resource for
exploitation. When this issue is raised, the amount of loop holes within the laws
of Canada in child pornography can be recognized, causing cases to go unnoticed.
Our society must not discard these events, as they are significant. Sharing our
stories and spreading the controversy could lead to justice for the victims of
exploitation. It is these stories that could lead the laws to be refined and
ensure strict policies.
The Criminal Code in Canada defines child
pornography in section 163.1, stating that: “Visual representations of explicit
sexual activity involving anyone under the age of 18”, “Other visual
representation of a sexual nature of a person under that age”, and “Written
material or visual depictions that advocate or counsel illegal sexual activity
involving persons under that age”.
A personal story falls under these statements.
October 2017, my Facebook profile photos were found on a porn forum. I only
discovered this after receiving messages from unknown men asking for sexually
inappropriate photos. Twelve photos, including photo-shopped ones with semen on
my face, were posted on this site from 2015 to 2017. Comments were made saying,
“rape her” and “destroy her”.
Going to the police and being told that
“once you put a photo on the internet, it’s there forever” wasn’t helpful. I
needed to know how these were going to be taken down. Meeting with an officer
gave me false hope. I was told that this may not even be considered an offence.
The photo-shopped photos should be considered visual depictions of sexual
activity, which would go against the law. The worst part is: I’m a minor. These
statements declare that these acts are illegal for those under eighteen, but
justice is yet to be seen. Although I am not of police authority, reading these
points in the Criminal Code describe my situation, and here I am, knowing that my
photos and those comments will be on that site until it’s taken it down.
Bill C-2 of the Criminal Code states that,
“No person shall be convicted of an offence under this section if the act that
is alleged to constitute an offence; does not pose an undue risk of harm to
persons under the age of 18 years”. This is a loop hole in our legislation. It
should not have to be discussed whether or not content under the definition of
child pornography puts anyone as a minor at risk. Particular audiences of pedophiles
or criminals may view these pornography sites and pages. This should
unquestionably be seen as putting someone at risk of harm and automatically
considered an offence.
Sources looking through the development of
these laws explain that even in our current laws, there is little judicial
guidance on the involved issues. There has been no online monitoring, nor have
there been any justice for those being put at risk. Any case under the definition
of child pornography should be accounted for and have justice for them.
How can we make justice happen? If this has
ever happened to you, share it. Let this issue be known. With a brighter light
being shed onto this, we can support one another and make a statement to those
who have control of the legislation. Speak up.
References
Aviano Air Base. Case
Results. 2016. Web. 26 Oct. 2017.
"Criminal Code." Laws-lois.justice.gc.ca. N.p.,
2017. Web. 18 Oct. 2017.
"The Evolution of Pornography Law In Canada."
Parliament of Canada. N.p., 2017. Web. 18 Oct. 2017.
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