Posted on 02 March 2011
Ottawa, March 2, 2011 – The Standing Senate Committee on Legal and Constitutional Affairs has presented its report on Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, following two weeks of public hearings. The bill has been returned to the Senate for third reading without amendment, but with the committee’s observations.
Under the current law, all forms of making, distributing, accessing and possessing child pornography is illegal in Canada. However, after receiving testimony from a broad spectrum of witnesses, the committee remains deeply concerned about the incredible proliferation of Internet child pornography. This is a crime of truly devastating proportions. Tens of thousands of new images or videos are posted on the Internet every week and it is estimated that there are currently more than 5 million unique child sexual abuse images on the Internet. An estimated 500,000 individuals worldwide are actively involved in the trafficking of child sexual abuse images on the Internet.
Although the Internet has greatly facilitated the spread of child pornography, the committee was very encouraged to learn from a number of expert witnesses who advised that, in their opinions, technology now exists which would significantly assist in addressing, and in some cases eliminating, the spread of Internet child pornography. In order to keep pace with these technological advancements, and have them implemented and utilized as effectively as possible, the committee believes that it is both appropriate and therefore necessary to inquire about, explore and further develop these new technologies in order to combat child pornography on the Internet.
“Bill C-22 is one means to assist the law in keeping pace with technological advances while respecting Canadians’ rights,” said Senator Joan Fraser, chair of the committee. “The challenge with the Internet lies in keeping up with the proliferation of child pornography sites,” she continued, “Bill C-22 represents a timely advancement in our capacity to identify child pornographers. It sends a message to those who provide Internet services to the public that they have a social, moral and legal obligation to report this material when they come across it, or when it is reported to them.”
Bill C-22 proposes to enhance Canada’s capacity to protect children from exploitation by establishing the mandatory reporting of online child pornography by providers of Internet services. This bill will apply to Internet service providers and also to those who provide electronic mail services, such as web-based mail, those who host Internet content and social networking sites where the public can upload images or other material. The bill will also apply to those who provide complimentary Internet services to the public, such as cyber-cafes, hotels, restaurants and public libraries.
“Those who provide Internet services to the public are uniquely placed to assist in the detection and prevention of these crimes because they provide Canadians with the medium, and the technology, through which these materials can be widely distributed,” stated Senator John D. Wallace, deputy chair of the committee. “As a next step, we strongly encourage the Minister to inquire further into the new technologies that are available to combat child pornography on the Internet, and in so doing, to work with all relevant partners, including international partners, to make such technologies as more widely available as possible.”
Under this new legislation, suppliers of Internet services would be required to:
- report the Internet address of any websites where child pornography may be available to a designated agency; and
- notify the police and preserve the computer data for an initial period of 21 days, if there are reasonable grounds to believe that the Internet services in question are being used to transmit child pornography.
The committee heard testimony from a number of expert witnesses, including: the Honourable Robert Nicholson, P.C., M.P., Minister of Justice and Attorney General of Canada, the Office of the Privacy Commissioner of Canada, the Federal Ombudsman for Victims of Crime, the RCMP, Statistics Canada, the Canadian Centre for Child Protection (cybertip.ca), UNICEF Canada, the Ontario Provincial Police, the Canadian Association of Chiefs of Police, Dr. Michael MacKay and the Kids Internet Network Safety Alliance. The committee also received written submissions from police services, provincial government officials, Internet service providers, technical advisors, children’s rights advocates, academics, and those who currently monitor child pornography on the Internet.
For the full text of the committee’s report and observations on the bill, please see: http://www.parl.gc.ca/40/3/parlbus/commbus/senate/com-e/lega-e/rep-e/rep15mar11-e.htm
For more information about the mandate, work, meeting schedules and membership of the Standing Senate Committee on Legal and Constitutional Affairs, please visit www.senate-senat.ca/LEG-JUR.asp.
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For more information please contact:
Shaila Anwar
Committee Clerk
Toll-free: 1-800-267-7362 or 613-991-0719
anwars@sen.parl.gc.ca