Cyber-bullying laws may get tougher
Justice minister vows to fight exploitation
OTTAWA — The federal government will consider making it a criminal offence to knowingly distribute racy photos of a person without their consent, newly minted Justice Minister Peter MacKay said Friday.
It’s among several recommendations contained in a new report by federal, provincial and territorial justice and public safety ministers that was expedited following the death of Rehtaeh Parsons, a Nova Scotia teenager who took her own life in April after images of her alleged rape were circulated over the Internet.
The government promised to fasttrack a review of Canada’s cyberbullying laws after Prime Minister Stephen Harper met with Rehtaeh’s family weeks after her death.
“For my part, I will consider the report and its recommendations, which will help guide the way forward to ensuring our children are safe f rom online exploitation,” MacKay said. “I look forward to working together with the provinces and territories as we make improvements to our justice system to prevent such tragic circumstances from happening again.”
The report suggests the offence ought to be punishable by as many as five years in prison. It also recommends new provisions that would permit judges to order intimate images removed from the Internet, and cellphones, computers and other equipment used in the commission of an offence to be forfeited.
The report concluded “existing” Criminal Code offences like criminal harassment, uttering threats, intimidation, unauthorized use of a computer, extortion, defamatory libel and child pornography “generally cover most serious bullying behaviour.”
Instead, it called for the Criminal Code to be amended to “modernize certain existing offences to deal with harassment through electronic media, as well as the investigative powers for law enforcement, to ensure that all acts of cyberbullying carried out through the use of new technologies can be effectively investigated and prosecuted.”
For example, the ministerial group said Sect. 372 of the Criminal Code deals with false messages sent by letter, telegram, telephone, cable and radio as well as indecent and harassing telephone calls.
“As currently drafted, these offences may not apply in situations of cyberbullying if the information is conveyed via text or email,” the report concluded.
The group ultimately called on the government to resurrect elements of failed legislation, including Bill C-30, the controversial Internet surveillance bill that was scrapped amid public outrage over privacy concerns and former public safety minister Vic Toews’s contention the bill’s opponents were essentially siding with child pornographers.
While that bill sought to compel Internet and telephone companies to hand over personal customer information to law enforcement agencies even if they didn’t have a warrant, the report urges a more balanced approach that takes privacy protections into account.
For example, the report calls for amendments that would allow police to “freeze” evidence while they obtain a warrant to prevent Internet or mobile service providers from deleting the data in the interim. The ministerial group also recommends “streamlining” the process for obtaining a court order to “intercept private communications” as they relate to the non-consensual distribution of intimate images.