Bills

Summary

Part 1 of this enactment enacts the Protection of Minors in the Digital Age Act, the purpose of which is to provide for a safe online environment for minors by requiring owners and operators of platforms such as online services or applications to ensure that minors’ personal data is not used in a manner that could compromise their privacy, health or well-being.

Part 2 amends An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service to, among other things,

(a) clarify the types of Internet services covered by that Act;

(b) simplify the mandatory notification process set out in section 3 by providing that all notifications be sent to a law enforcement body designated in the regulations;

(c) require that transmission data be provided with the mandatory notice in cases where the content is manifestly child sexual abuse and exploitation material;

(d) extend the period of preservation of data related to an offence;

(e) extend the limitation period for the prosecution of an offence under that Act; and

(f) add certain regulation-making powers.

Part 3 amends the Criminal Code to, among other things,

(a) prohibit the publication of the image of a person created or edited through the use of computer software that falsely represents the person, in a manner that is intended to make the image appear authentic, as being nude, as exposing their genital organs, anal region or breasts or as being engaged in explicit sexual activity;

(b) create a separate offence of criminal harassment that is conducted by means of the Internet, a social media service or other digital network and require the court imposing a sentence for the offence to consider as an aggravating factor the fact that the offender, in committing the offence, communicated with the victim anonymously or using a false identity; and

(c) provide for the circumstances in which a person who presents a risk of committing an offence of online harassment may be required to enter into a recognizance and, if the person has communicated anonymously or using a false identity, provide for the circumstances in which a court may make a production order for the purpose of identifying the person.

The full text of the Bill.

Sponsor: Conservative MP Michelle Rempel Garner