Private Member's Bill, introduced by Chris Axworthy (NDP),
phone: (613) 995-1551 (Ottawa), (306) 975-6555 (Saskatoon-Rosetown-Biggar)
1nd Session, 36th Parliament,
46-47 Elizabeth II, 1997-98
The House of Commons of Canada
First reading, June 11, 1998
This enactment provides for the licensing of Internet service providers by the C.R.T.C. on conditions to be set by the Minister of Industry by regulation. It also requires service providers' co-operation to minimize the use of the Internet for the publication or proliferation of child pornography or the facilitation of a sex offence involving a child.
Anyone who uses the Internet to facilitate any of the specified sex offences involving children is guilty of an offence.
Service providers may be required to block access to identified portions of the Internet that carry child pornography.
The Minister is authorized to make agreements with provinces to assist in achieving the purposes of the Act. Special powers under search warrants may be prescribed by the Minister to facilitate electronic searches.
An Act to prevent the use of the Internet to distribute pornographic material involving children.
- Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
- Short title
This Act may be cited as the
Internet Child Pornography Prevention Act.
- 2. The definitions in this section apply in this Act.
- ``child pornography''
« pornographie juvénile »
- ``child pornography'' means pornography involving or depicting a person who is described as being or who appears to be under the age of eighteen years.
« Conseil »
- ``Commission'' means the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act.
« Internet »
- ``Internet'' means the international computer net known by that name.
- ``Internet service provider''
« fournisseur d'accès au réseau Internet »
- ``Internet service provider'' means a person who provides a service that facilitates access to the Internet, whether or not the service is provided free or for a charge.
« ministre »
- ``Minister'' means the Minister of Industry.
« pornographie »
- ``pornography'' has the meaning given to the
expression by section 163.1 of the Criminal Code.
- ``prescribed offence involving a child''
« infraction déterminée concernant un enfant »
- ``prescribed offence involving a child'' means an offence under any of the following provisions of the Criminal Code, where
the victim was under the age of fourteen, or
the victim was fourteen or more but under eighteen, and the offender was in a position of trust or authority toward the victim or the victim was in a relationship of dependency on the offender:
- section 151 (sexual interference);
- section 152 (invitation to sexual touching);
- section 153 (sexual exploitation);
- section 155 (incest);
- section 159 (anal intercourse);
- subsection 160(2) or (3) (compelling bestiality or bestiality in presence of child);
- section 170 (parent or guardian procuring sexual activity);
- section 172 (corrupting children);
- section 173(2) (exposure to person under fourteen);
- section 271 (sexual assault);
- section 272 (sexual assault with a weapon);
- section 273 (aggravated sexual assault).
« abonné »
- ``subscriber'' means a person who contracts with or uses the services of an Internet service provider to obtain access to the Internet.
- Purpose of Act
The purpose of this Act is to prevent the use of the Internet to unlawfully promote, display, describe, or facilitate participation in unlawful sexual activity involving young persons.
- Service providers licensed
- 4. (1)
No person may offer the services of or operate as an Internet service provider unless the person has, on application in the prescribed form, been granted a licence to operate as an Internet service provider pursuant to subsection (2).
- Licence from Commission
Every person who wishes to offer the services of an Internet service provider may apply to the Commission in the prescribed manner.
- Requirements for licence
The Commission shall grant a licence to an applicant who meets the requirements established by and undertakes to provide the information required by the regulations.
- Licence cancelled
The Commission may cancel the licence of any Internet service provider if the licensee is convicted, or if the licensee is a corporation, if a director or officer of the corporation is convicted of an offence under section 163.1 of the Criminal Code or a prescribed offence involving a child, or if the Internet service provider commits an offence under this Act.
- Prohibited service
- 5. (1)
No Internet service provider shall knowingly permit the use of its service
for the placing of child pornography on the Internet or the viewing, reading, copying, or recovery of child pornography from the Internet;
by any person who the provider knows has been convicted of an offence under this Act within the previous seven years; or
who the provider knows has used the Internet for a purpose that would be an offence under this Act within the previous seven years.
- Use of Internet for child pornography
No person shall place child pornography on the Internet for communication to another person or for making it accessible to another person for viewing, reading, copying, or recovery, whether such access is open or restricted by any means.
- Possession of pornography from Internet
No person shall possess any child pornography obtained from the Internet.
- Use of Internet to contact child
No person shall use the Internet to contact a person under the age of eighteen years for the purpose of facilitating a prescribed offence involving a child.
- Person receiving contact
A person who receives a contact from another person for the purpose mentioned in subsection (4), who continues with that contact or who fails to take all reasonable steps to discontinue that contact is deemed to commit an offence under subsection (4).
- Offence and penalty
- 6. (1)
A person who contravenes subsection 4(1), (2), (3), or (4) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years or to both fine and imprisonment.
- Directors and officers
A director of a corporation that commits an offence under subsection (1) who was aware of the circumstances on which the offence is based before it was committed or became aware of them while it was being committed is also guilty of the offence and liable to the punishments provided in subsection (1).
An Internet service provider who becomes aware that a person is using its service or facilities to commit an offence under this Act and who immediately thereafter
is not guilty of an offence under subsection 4(1).
terminates its service to that person,
takes all reasonable steps to remove or prevent access to any material placed on the Internet by that person that constitutes the offence, and
advises the Minister of the identity of that person, the nature of the material and the means whereby it may be accessed by others,
- Access blocked
If ordered by the Minister, an Internet service provider shall use all means that are reasonably available to the provider to prevent access by its subscribers to any material on the Internet that the Minister, after reasonable inquiry, determines to be child pornography.
- Offence and penalty
- 8. (1)
An Internet service provider who refuses or fails to comply with an order made under section 6 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both fine and imprisonment.
- Directors and officers
A director or officer of a corporation that is an Internet service provider that commits an offence under subsection is also guilty of the offence and liable to the punishments provided in subsection (1).
The Minister may enter into agreements with a province or a foreign state for the exchange of information and co-operation to prevent or minimize the use of the Internet for the publication or proliferation of child pornography or to facilitate the commission of an offence under the Criminal Code or this Act or a similar law of the province or foreign state.
- 10. (1)
The Minister may prescribe by regulation any powers that are reasonably necessary in the opinion of the Minister to facilitate searches of electronic data or systems or storage in the exercise of a search warrant issued under section 487 of the Criminal Code in respect of an offence or suspected offence under this Act.
- Warrant subject to usual principles
A warrant issued with the powers prescribed under subsection (1) is subject to the same principles respecting authorization and grounds for suspicion, and to the procedures and conditions required in respect of a search warrant under the Criminal Code.
The Minister may make regulations
specifying the procedure and form of applications for licences under section 4;
specifying the financial and technical resources that an applicant must show to the Commission to be licensed under section 4;
requiring persons licensed under section 4 to report information to the Commission for the purposes of this Act and specifying the information; and
providing special powers for warrants for the purposes of subsection10(2).