Criminal Law on the
Internet
copyright 1996, 1997
Editor: Donald M. Cameron , Aird & Berlis
Contributors: Donald M. Cameron , Tom S. Onyshko & W. David Castell
Contents
United States of America
Canada
Criminal provisions will limit the sort of material that may be posted to the Internet. For example, the Canadian Criminal Code makes it an offence: to publish or distribute any "obscene" material; to make or distribute a visual representation depicting explicit sexual activity involving a person depicted as being under 18 years of age; and to knowingly manufacture or promote literature "for illicit drug use."(fn 1)
In R. v. Pecciarich ,(fn 2) the Ontario Court
(Provincial Division) convicted an accused who ran a computer bulletin board which he knew
contained obscene images and images of child pornography. The court ruled that uploading
the images constituted distribution within the meaning of the Code.(fn 3)
European Community
The European Commission has produced:
- A 1996 report on Harmful and Illegal Material on the Internet, and;
- A Green Paper on the Protection of Minors and Human Dignity in respect of audiovisual and information services, downloadable as a Word document.
Endnotes
1. See: Canadian Criminal Code , R.S.C. 1985, c. C-46, ss. 163, 163.1 and 462.2, respectively.
2. (1995) 26 W.C.B. (2d) 603 (Ont. Prov. Div.).
3. For an article on the case, see: Lynn Niedzwiecki, "Distributed kiddie porn via computer bulletin board, Ont. man convicted under new legislation," (June 23, 1995) The Lawyers Weekly, Ontario, Canada, p. 12.
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