Pornography in Canada

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Pornography in Canada has changed since the 1960s when the Criminal Law Amendment Act, 1968-69 that suppressed various laws related to sexual norms was passed. There has been a shift in the mode of determining whether a material is obscene or not with the R v. Butler judgment. The obscenity laws were challenged as violative of freedom of expression in R. v Butler. Obscenity is defined as follows under the Criminal Code: "the undue exploitation of sex or of sex and one or more of the following subjects; namely, crime, horror, cruelty and violence." The court held that the term “undue” should be interpreted on the degree of harm which flows from such exposure that predisposes people to act in an anti-social manner. The court ruled that pornography is harmful if it contains violence or explicit sex which is degrading or dehumanizing and which creates a substantial risk of harm, as it harms a person's right to be equal. Therefore, there is a shift from the community standard's test to the harm test post the Butler judgment. [1]

Contents

Science

A 2009 study at the University of Montreal did not find any men, among the 20 men they interviewed, in their 20s who claimed to have never viewed pornography. [2]

Sale of hardcore pornography

The sale of hardcore pornography is illegal in Canada to anyone under the age of 18 (19 in some provinces), but anyone above that age may own or possess pornography.

Distribution

Most pornography is sold in adult stores, on adult websites or convenience stores. No specific laws control distribution of pornography. The Canada Border Services Agency is empowered to stop the importation of materials prohibited under obscenity laws. Many gay and lesbian bookstores have claimed that this is applied in a discriminatory manner against same-sex pornographic material.

Television stations

Conversely, some over-the-air television stations (particularly Citytv and TQS) often broadcast softcore pornographic films after midnight. Hardcore films also air on MX excess, one of the seven multiplex channels operated by The Movie Network. In addition, pornographic films may be publicly shown (to those above the age of 18) and advertised, as is the case in some stores on Yonge Street in Toronto and rue Sainte-Catherine in Montréal.

See also

Related Research Articles

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Catharine Alice MacKinnon is an American feminist legal scholar, activist, and author. She is the Elizabeth A. Long Professor of Law at the University of Michigan Law School, where she has been tenured since 1990, and the James Barr Ames Visiting Professor of Law at Harvard Law School. From 2008 to 2012, she was the special gender adviser to the Prosecutor of the International Criminal Court.

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<i>R v Butler</i> 1992 Supreme Court of Canada case

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<i>R v Peacock</i>

R v Peacock was an English Crown Court case that was a test of the Obscene Publications Act 1959. In December 2009, the defendant, a male escort named Michael Peacock, had been charged by the Metropolitan Police for selling hardcore gay pornography that the police believed had the ability to "deprave or corrupt" the viewer, which was illegal under the Obscene Publications Act. He was subsequently acquitted through a trial by jury in January 2012.

United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene, as well as to issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. State laws operate only within the jurisdiction of each state, and there are differences among such laws. Federal statutes ban obscenity and child pornography produced with real children. Federal law also bans broadcasting of "indecent" material during specified hours.

References

  1. Robertson, James R. (1992). "Obscenity: The Decision of the Supreme Court of Canada in R. v. Butler". Publications.gc.ca. Law and Government Division.
  2. Liew, Jonathan (2 December 2009). "All men watch porn, scientists find". The Daily Telegraph . UK. Retrieved 28 March 2016.