Corrupting morals crimes Make print publish distribute circulate or posses for the purpose of PUBLICATION distribution or circulation any OBSCENE written material Knowingly sell expose to public view or possess for such purposes any written OBSCENE material This includes sellers of obs ID: 535149
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Slide1
Pornography law in Canada: Corrupting morals crimes
Make, print, publish, distribute, circulate or posses for the purpose of PUBLICATION, distribution, or circulation any OBSCENE written material.Knowingly sell, expose to public view, or possess for such purposes, any written OBSCENE material. This includes sellers of obscene material, exhibitors, and operators of bookstores and video stores.Slide2
Definition of obscene publication
Any publication a dominant characteristic of which is the UNDUE EXPLOITATION OF SEX or of sex and crime, horror, cruelty, or violence is obscene.Slide3
Tests for the determination of obscene materials
COMMUNITY STANDARD OF TOLERANCE: Standard must be Canadian and current. It is not what the average Canadian would want to see, but what the average Canadian would tolerate others seeing. The focus is on whether the material is seen as causing harm to society, not whether it offends present standards of community morality. The test is flexible. It adapts to what is considered to be acceptable. It also provide flexibility to publications which are not widely accessible by the public; and it is stricter toward platforms, such as television, which are more accessible by the general public. Harm means that it predisposes persons to act in an antisocial manner as, for example, the mental or physical mistreatment of women by men. The stronger the inference of harm, the lesser the likelihood of tolerance
.
R. v. Butler [1992].
DEGRADATION
AND DEHUMANIZATION test: It is perceived as harmful to society, particularly women.
ARTISTIC DEFENCE (Internal necessities test): Material which offends community standards is not undue if it is required for the serious treatment of a theme. The whole work must be considered.Slide4
Categories of pornography
Exploitation of sex with violence: Undue exploitation.Exploitation of sex without violence but which subjects people to degrading or dehumanizing behavior: undue exploitation if the risk of harm is substantial.Sex without violence that is neither degrading nor dehumanizing is generally tolerated, except if it involves minors.Slide5
Group activity
Summarize and discuss the legal treatment of pornography in Canada. Find and discuss the Supreme Court’s Butler decision. What is your opinion of this decision? What are the implications of this decision?Do you agree with the regulation of pornography? If not, what should be an appropriate legal treatment of pornography?What are some of the arguments for the criminalization of pornography? What are some of the arguments against the criminalization of pornography?Find and summarize a Canadian court case dealing with obscene materials.