Government report calls for immediate action to combat online sexual exploitation
Garifalia (Lia) Milousis
Last week, the Standing Committee on Access to Information, Privacy and Ethics (ETHI) released its final report based on its investigative work into online sexual exploitation and child sexual abuse material (CSAM). The Ensuring the Protection of Privacy and Reputation on Platforms Such as Pornhub investigation was launched shortly after a New York Times article featured a number of accusations against certain Canadian-based corporations, alleging that their pornography websites contained CSAM and non-consensual content, and other unlawful and degrading material.
During its investigation, the ETHI heard from survivors and stakeholders, as well as representatives from the impugned corporate entities. In its final report, the ETHI identified that numerous survivors—including some who were minors at the time of the events—had testified to the Committee about their experiences having images and videos uploaded to the internet without their consent, including content that depicted them being sexually assaulted. The Committee also flagged that child protection organizations, experts, academics, and support organizations all spoke about the alarming number of reports of CSAM made each year and the necessity for effective solutions to be implemented and enforced in order to prevent CSAM and other non-consensual content from being uploaded and shared online.
Christian Legal Fellowship (CLF) was grateful for the opportunity to present written submissions to the ETHI, which can be read in full here. CLF was encouraged to see the Committee reference those submissions directly. In particular, the Committee noted that CLF and other organizations had “suggested strengthening Canadian laws further” and had “urge[d] the government to protect people—especially women, children and survivors of sexual exploitation—according to their rights as enshrined in the Canadian Charter of Rights and Freedoms, United Nations conventions, and other international conventions, protocols or statutes.” The Committee also noted that multiple organizations—including CLF—had flagged the heightened experience of trauma “that survivors, especially children, whose sexual exploitation was recorded or whose images were shared without their consent may experience”.
Ultimately, the ETHI made a number of recommendations, including the following:
That the Government of Canada explore means to hold online platforms liable for any failure to prevent the upload of, or ensure the timely deletion of child sexual abuse material, content depicting non-consensual activity, and any other content uploaded without the knowledge or consent of all parties, including enacting a duty of care, along with financial penalties for non-compliance or failure to fulfil a required duty of care.
That the Government of Canada mandate that content-hosting platforms operating in Canada require affirmation from all persons depicted in pornographic content, before it can be uploaded, that they are 18 years old or older and that they consent to its distribution, and that it consult with the Privacy Commissioner of Canada with respect to the implementation of such obligation.
That the Government of Canada set requirements for uploaders of content to provide proof of valid consent of all persons depicted and that the new regulations include penalties severe enough to act as an effective deterrent.
That the Government of Canada develop clear regulations that require Internet service providers, as defined in An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, to utilize a robust process for age verification of all individuals in uploaded pornographic content, including content generated by individuals, studios or contract partners.
That the Government of Canada proactively enforce all Canadian laws regarding child sexual abuse material and the posting of non-consensual material and that in particular, it enforce section 3 of An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service by requiring all Internet service providers, as defined in the Act, to report child sexual abuse material directly to an officer, constable or other person employed for the preservation and maintenance of the public peace.
That the Government of Canada develop accessible mechanisms that ensure that Canadians victimized by the posting of an image or video online without their consent on sites like Pornhub have the right to have that content removed immediately and to be given the benefit of the doubt with respect to the non-consensual nature of the content, and that the Government of Canada provide all the necessary resources required to put in place these accessible mechanisms.
That the Government of Canada work with key stakeholder groups such as Canadian sexual assault centres, women’s rights organizations and representatives from LGBTQ2 communities to determine if the posting of non-consensual material depicting sexual violence on sites like Pornhub is reflective of, and contributing to, a new pattern of sexual violence, and that it report its findings, including recommendations for further action, to Parliament.
That the Government of Canada hold accountable websites that allow the downloading and re-uploading of pornography content that erases the identity of the source material, thereby preventing authorities from assessing those accountable for the material.
CLF explicitly called for some of these actions in its written submissions, and we are encouraged to see the Committee identify these necessary next steps in its recommendations. CLF will be monitoring future opportunities to further this important work, and will continue its own efforts to combat sex trafficking and sexual exploitation.