Canadian Porn Laws

[Niktamer]

I'm seeking to find recent documentation about Laws about online porn in Canada.

please link me up , i'm looking for some anwsers about landing/waring pages , obcenity ect.

[Banged.tv]

errr its illegal.

[D]

Since we're on the topic, is it illegal to ship porn dvd's to Canada?

Quebec, specifically, if anyone has a list in front of them... can't find a reliable one on the net.

[Basic_man]

Originally Posted by D

Since we're on the topic, is it illegal to ship porn dvd's to Canada?

Quebec, specifically, if anyone has a list in front of them... can't find a reliable one on the net.

Why the hell it would be illegal???

[D]

Originally Posted by Basic_man

Why the hell it would be illegal???

/shrug

it's illegal to ship Adult-oriented DVD's to certain zip-codes in the U.S.

I realize laws are generally more liberal in Canada, but I'm wondering if someone "in the know" can say one way or the other on this topic, as I find myself in a position where I'd like to send a few to a Quebec address, but won't until I can confirm one way or the other...

So if someone has a pointer to a link or something with those illegal zip codes (including Canada = bonus), that'd be awesome... I don't wanna bother anyone on my Rolodex with such a matter on a Saturday afternoon, so hope someone here might be able to help.

[GreyWolf]

Originally Posted by Niktamer

I'm seeking to find recent documentation about Laws about online porn in Canada.

please link me up , i'm looking for some anwsers about landing/waring pages , obcenity ect.

Seriously suggest you purchase copies of the relevant Acts covering obscenity in Canada - it's a basic trade "tool"

It may also be worth getting a copy of the Child Protection Act for Canada - there are small clauses which overlap "obscenity".

Only my , but would not dream of not being familiar with adult-related legislation in the country you are operating from - all other countries are irrelevant - the jurisdiction of your operation is all that matters.

[Niktamer]

Originally Posted by D

/shrug

it's illegal to ship Adult-oriented DVD's to certain zip-codes in the U.S.

I realize laws are generally more liberal in Canada, but I'm wondering if someone "in the know" can say one way or the other on this topic, as I find myself in a position where I'd like to send a few to a Quebec address, but won't until I can confirm one way or the other...

So if someone has a pointer to a link or something with those illegal zip codes (including Canada = bonus), that'd be awesome... I don't wanna bother anyone on my Rolodex with such a matter on a Saturday afternoon, so hope someone here might be able to help.

I got many dvd shipped to me in quebec.

I'm pretty sure its totally legal

[pornask]

but for some links :D

[Niktamer]

Originally Posted by GreyWolf

Seriously suggest you purchase copies of the relevant Acts covering obscenity in Canada - it's a basic trade "tool"

It may also be worth getting a copy of the Child Protection Act for Canada - there are small clauses which overlap "obscenity".

Only my , but would not dream of not being familiar with adult-related legislation in the country you are operating from - all other countries are irrelevant - the jurisdiction of your operation is all that matters.

Can you tell me where to buy those?

[GreyWolf]

Originally Posted by Niktamer

Can you tell me where to buy those?

Sorry - not got the main Ottawa address handy for this Niktame. In Canada copies of legislation are usually available from the Queen's Printer and don't cost much - usually a few dollars.

Just tried to find copies online, but these appear to be classified by Province - here's the URL for Saskatchewan - http://www.qp.gov.sk.ca/. They have the Child Protection Act on this website, but not sure of the exact name of the obscenity act for Canada.

Queen's Printer
B19, 3085 Albert Street
Regina, SK
S4S0B1, Canada
Tel. (306) 787-6894
Toll Free. (800) 226-7302
Fax. (306) 798-0835

[Brad Gosse]

I have had adult DVD's inspected by customs many times and always get them.

[GreyWolf]

Found more on this... obscenity is defined under Section 163 of the Canadian Criminal Code - so chances are that is what you want

[Niktamer]

thanx i'll look into it

[Yngwie]

"Canadian law provides that "any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and one or more of the following subjects, namely crime, horror, cruelty and violence, shall be deemed to be obscene" (Section 163 of the Criminal Code). The test for obscenity applied by the courts is guided by the application of a community standard of tolerance test, "concerned not with what Canadians would not tolerate being exposed to themselves, but what they would not tolerate other Canadians being exposed to" (Supreme Court decision in R. v. Butler, February 1992). Generally, any material will be considered obscene, and therefore illegal, if it contains: sex coupled with violence; exploitive sex that degrades or dehumanizes any person, female or male; or explicitly sexual material that employs children in its production.

If a person is charged with obscenity, there is one principle legal defense: "No person shall be convicted of an offense under this section if she/he establishes that the public good was served by the acts that are alleged to constitute the offence and that the acts alleged did not extend beyond what served the public good" (Subsection 159(3) of the Criminal Code).

Finally, for broadcast media only, the Broadcasting Act contains a passage not permitting broadcasters to use "any obscene or profane language" in the Canadian broadcasting system. According to the CRTC, "it is the practice of the Commission, in determining whether or not a licensee has breached this provision, to consider a variety of criteria including, among others, the time of the broadcast, whether or not a warning was broadcast prior to airing the program in question, and whether the broadcast was part of a theme program" (CRTC 1991 in response to complaint 12C-75). In responses to complaints, the CRTC appears to be particularly concerned that broadcasters do not air questionable material at times when children may be listening. "

[spunky99]

i'd jus talk to a canadian lawyer..

[alex_1980]

If it's legal in the states, its legal here. In quebec, they broadcast softcore porn on the cable channels. thesmokinggun site sometimes lists titles refused entry to canada. Generally bestiality, and anything that couples violence and sex.

[tehHinjew]

Originally Posted by alex_1980

If it's legal in the states, its legal here. In quebec, they broadcast softcore porn on the cable channels. thesmokinggun site sometimes lists titles refused entry to canada. Generally bestiality, and anything that couples violence and sex.

toronto too

[WarChild]

I know there's a law that allows the Canada Customs and Revenue Agency to basically take any porn you might be carrying if they deem it's obscene. Don't know about shipping to Canada.

[vidvicious]

I've never had a problem shipping to US frm QUebec .. As far a I know you need to add a letter stating the Content is of adult nature .. (if your sending via a Fed ex or the likes)

[DaddyHalbucks]

Originally Posted by GreyWolf

Seriously suggest you purchase copies of the relevant Acts covering obscenity in Canada - it's a basic trade "tool"

It may also be worth getting a copy of the Child Protection Act for Canada - there are small clauses which overlap "obscenity".

Only my , but would not dream of not being familiar with adult-related legislation in the country you are operating from - all other countries are irrelevant - the jurisdiction of your operation is all that matters.

Don't listen to GreyWolf.

I have heard industry attorneys say that the jurisdiction of the customer is very important, and I think if you dig back in time and look at obscenity prosecutions you will find many filed in the jurisdiction of the customer.

Ask a real attorney --not a layperson, and especially not a bozo like GreyWolf.

[DaddyHalbucks]

Originally Posted by Yngwie

"Canadian law provides that "any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and one or more of the following subjects, namely crime, horror, cruelty and violence, shall be deemed to be obscene" (Section 163 of the Criminal Code). The test for obscenity applied by the courts is guided by the application of a community standard of tolerance test, "concerned not with what Canadians would not tolerate being exposed to themselves, but what they would not tolerate other Canadians being exposed to" (Supreme Court decision in R. v. Butler, February 1992). Generally, any material will be considered obscene, and therefore illegal, if it contains: sex coupled with violence; exploitive sex that degrades or dehumanizes any person, female or male; or explicitly sexual material that employs children in its production.

If a person is charged with obscenity, there is one principle legal defense: "No person shall be convicted of an offense under this section if she/he establishes that the public good was served by the acts that are alleged to constitute the offence and that the acts alleged did not extend beyond what served the public good" (Subsection 159(3) of the Criminal Code).

Finally, for broadcast media only, the Broadcasting Act contains a passage not permitting broadcasters to use "any obscene or profane language" in the Canadian broadcasting system. According to the CRTC, "it is the practice of the Commission, in determining whether or not a licensee has breached this provision, to consider a variety of criteria including, among others, the time of the broadcast, whether or not a warning was broadcast prior to airing the program in question, and whether the broadcast was part of a theme program" (CRTC 1991 in response to complaint 12C-75). In responses to complaints, the CRTC appears to be particularly concerned that broadcasters do not air questionable material at times when children may be listening. "

Yes, Canadian law is tough on violence with sex. And that's OK with me.

So, don't send simulated rape videos or 'whore abuse' videos north of the border.

Some of these Canadian laws are pretty enlightened; it is refreshing to find lawmakers who consider sex a healthy form of human expression.

for the Canucks on this.