Canadian Content Producers, do you know about Bill c-20?
 

http://www.parl.gc.ca/37/2/parlbus/c...1/90207bE.html

This could greatly change the way we shoot content up in these parts. I am waiting for a phonecall from my lawyer, however from what I can see, it implies that shooting content of anyone under 19 (and most of us use 18 year olds) will now fall under the realm of child pornography.

And, unlike the precidents in the United States where the issues with underage girls being nude and photographed in public have been pretty much swept under the rug, taking photos of underaged females even in a public environment will carry a 10 year sentance (I do strongly agree with this amendment, though).

I will post after I have my conversation with legal counsel, but this is something that may be important to the future of content production in Canada.


Another law that it seems far too few Canadian content producers are aware of passed in the house January of this year, the Privacy Protection act, with regards to the collection of identification and it's uses, is something that MUST BE dealt with if you are producing content in Canada. In order to collect this information, you must have a privacy release, either seperate, or incorporated into your model release. There have already been over 3000 prosecutions under this new law, so it's time to be informed and conform with it.

Here is the act itself.

http://www.parl.gc.ca/36/2/parlbus/c...4/C-6TOCE.html

Just keeping some folks who may not be aware abreast of the new regulations. If you haven't already, please please please get a lawyer and discuss both Bill C-9 and Bill C-20 with them. If you don't protect your own ass, nobody else is going to do it for you.

You're referring to the Personal Information Protection and Electronic Documents Act (PIPED) here right?

WG

Yep. I'm ABSOLUTELY amazed at the number of content producers here who aren't even aware of it, let alone adhering to the legislation. There are so many people leaving themselves open for further scrutiny.

That's what happens when someone gets themselves a nice camera and starts making porn without getting legal advice first :)

WG

This is GFY... people figure if it isn't an American thing, that it's just not important.

Sadly, even some of the Canadian webmasters think this way.

Good post, thanks for the heads up. :thumbsup

Absolutely.. And the really stupid thing, some of the people who aren't aware of it SHOULD BE! They HAVE legal counsel! Why are their lawyers not working for them? I don't get it :)

Please keep us posted ....

:thumbsup

thank you for the info LadyM... very important for all of us to know where we stand.. I wasnt aware that this had been in effect

I don't see this holding up under a challenge.

What about 18 year old strippers?
You agree with that even if 18 year olds are considered underage?

Very good post btw.

Good post.

Bumping the minimum legal age from 18 to 19 will cause a lot of havoc - content, which is currently completely legal, will have to be pulled, destroyed, many pages rewritten.

Is there any active opposition the these ammendments as a whole?

As with 2257, will there be any 'grandfather clauses' to deal with content prior to the big changes?

Thanks,
-Dino

No, I agree that UNDERAGED girls who are photographed in public situations should have some recourse, and I don't agree that just because they are flashing in public, the photos should be legal. Is that not what a lot of the "girls gone wild" hubub was about?

Most aren't :( Fortunately we have people who are pretty much dedicated to making us aware of any changes that can affect the nature of our business, both in obscenity laws and otherwise. Having very competant legal counsel is also a huge bonus. HE informed ME that he would be phoning me to discuss it, not the other way around. I like that in a lawyer :)

Ah, okay. Then we're talking about "Expected right to privacy."

I'm torn on that issue honestly.

I'm not sure if there are any grandfather clauses and I haven't found out enough about it yet to know if there's been active opposition to the institution of this bill (or to amend some of the positions in it). I will do my best to find out and keep people posted though.

In Canada, generally exotic dancers perform in licensed establishments, and as such, must be 19 or older.

-Dino

Very true, except for Alberta where the legal drinking age is 18, and I believe also in a few places in quebec. I'm assuming they will have to amend some of their regulations as well.

18 here in Manitoba as well.

I've also "Heard" stories of 18 year olds being allowed into licensed establishments to perform their job.

They walk in, change, dance, change, walk out.

Regardless, if this issue is brought forward, then do we take away their right to vote until they turn 19? Their right to smoke?

It's always unfortunate, when a really good bill/proposed law which overall, is indisputable in value to the community, includes some components which are not as easy to accept.

Lawmakers seem to have a knack for slipping tough stuff into otherwise excellent and publicly acceptable legislation.

This is like 'legislative date rape' (you wake up in the morning knowing you have been violated, but you can't remember or identify the moment when things went south).

This could be one of those moments.

Does anyone know if there is a Canadian equivalent to Freedom of Speech Coalition (FSC) and/or any Canadian Adult Webmaster Coalitions?

Thanks,
-Dino

:thumbsup

Ouch ! Big bad news !

I tried to read the source, but i really didn´t get why the legal age will be 19. I only found 18 years, maybe I didn´t get it right because of my lacking english skills.

Maybe somebody can explain.

Very well put :thumbsup

You're right 100%. And as far as I know there is no equivalent to those organizations in adult in Canada. There should be, though.

It's the amendments that they're making to the existing legislation that give the implicatoin, not so much an out-and-out statement.. LIke I say I'm waiting for my lawyer to finish up and phone me.. He's doing research about it.

Thank-you for mentioning that.

I could not find any legal prose indicating 'over 18' either (although I do recall reading earlier versions of the proposed bill which did have troubling wording) - everything was stating 'under 18'.

Can anyone reference any clauses in the text which states 'under 19' or '18 and under'?

Thanks,
-Dino

I've been scanning the web for fellow Canadian webmasters/webmistresses and there are quite a few of us.

I've been wanting to put a resource site together for us with our specific (Canadian) issues in mind, but I figured there must already be some good ones out there.

Apparently not.

Would you be interested if I put a Canadian Adult Webmaster Zone together?

-Dino

Is this what this is about??

Over 18 is 18 + 1 day. Under 18 would be anything before their 18th birthday.

If they don't specify 19, they could never successfully prosecute on that when the law on the books everyone understands to be is 18 years old.

Would be very interesting what your lawyer says about it. In Europe for example it is illegal to take photos from foreigners in public and publish them.

And I have to admit that I support it. But there is no reason to change the legal age of eighteen, I think.

I would be interested most definitely.. Please feel free to contact me on icq 3522039 or email treasure at teeniesxxx dot com.

I must be blind or a dumbass either one is good cause everything I read on that page says under the age of 18, nothing about 19yrs.
I know in Ontario 19 is legal age to drink and smoke but here In Quebec, at 18 your considered of legal age to vote and drink and smoke ect, how can they make a law stating that you have to be 19 to make porn...when at 18 you can be charged for crimes, smoke drink and do the rest of the shit normal adults do?

Like someone said uptop, what about all the 18yr old strippers?

Can you point out exactly which paragraph depicts the 19yr old guideline that they are trying to ammend the law with?

Exactly! They think it is like being a wedding photographer. Most have no clue that they should get a lawyer to draw up the releases etc. ...hell...some don't even know you have to have a release