Party to:  

  • Budapest Convention

Not Party to:

  • Istanbul Convention
  • Lanzarote Convention
  • Protocol on Xenophobia and Racism (signed)

 Cyberharassment, violations of privacy, cybercrime, actual violence

 

Publication, etc., of an intimate image without consent

Section 162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty

  • (a) of an indictable offence and liable to imprisonment for a term of not more than five years; or
  • (b) of an offence punishable on summary conviction.

Definition of intimate image

(2) In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording,

  • (a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;
  • (b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and
  • (c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.

Defence

(3) No person shall be convicted of an offence under this section if the conduct that forms the subject-matter of the charge serves the public good and does not extend beyond what serves the public good.

Question of fact and law, motives

(4) For the purposes of subsection (3),

  • (a) it is a question of law whether the conduct serves the public good and whether there is evidence that the conduct alleged goes beyond what serves the public good, but it is a question of fact whether the conduct does or does not extend beyond what serves the public good; and
  • (b) the motives of an accused are irrelevant.

Depending on the nature of the activity involved, a number of Criminal Code offences may apply to instances of bullying or cyberbullying, [1] including:

  • criminal harassment (section 264)
  • uttering threats (section 264.1);
  • intimidation (subsection 423(1)),
  • mischief in relation to data (subsection 430(1.1));
  • unauthorized use of computer (section 342.1);
  • identity fraud (section 403);
  • extortion (section 346);
  • false messages, indecent or harassing telephone calls (section 372);
  • counselling suicide (section 241);
  • defamatory libel (sections 298-301);
  • incitement of hatred (section 319); and,
  • child pornography offences (section 163.1)
 Online child sexual exploitation and abuse of children

 

Criminal Code:

  • Child pornography offences (section 163.1)

Hate crime

 

No information available yet.

 Useful Resources

 

No information available yet.