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Areas of Cyberlaw - Criminal Law

Content publishers need to be aware that the Internet is governed by the same rules as the country. In Canada, what is illegal off-line is illegal on-line. The Criminal Code of Canada identifies illegal activities as including defamatory libel, child pornography, child luring and hate propaganda.

  • Defamatory Libel
    Publishing information or material that can negatively affect someone's reputation is defamatory libel. This can take the form of comments on a Web site or comments posted to a newsgroup or listserv.
  • Child Pornography
    Criminal laws against the sexual exploitation of children include the making, printing, publishing, possessing, and distributing of child pornography.
  • Luring of Children on the Internet
    It is illegal to approach a child over the Internet for the purpose of facilitating sex.
  • Hate Propaganda
    Publicly inciting hatred, wilfully promoting hatred or advocating genocide are criminal offences under the Criminal Code.

Illegal vs. Offensive

There is a difference between what is illegal and what is offensive. Sexually explicit material, graphic violence or other content that may be considered offensive on social, religious, cultural or moral grounds is not illegal.

Dealing with inappropriate Internet content must be balanced with the need to respect the democratic rights and freedoms of Canadians. The Canadian Charter of Rights and Freedoms guarantees all persons in Canada "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication."

For more information, please see Illegal and Offensive Content on the Internet.

Disclaimer: This information is not intended to constitute legal advice. Consult a lawyer about specific legal questions.


Created: 2005-06-03
Updated: 2006-02-22
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