Coherent Identifier About this item: 20.500.12592/jb0b95

#CyberMisogny : Using and strengthening Canadian legal responses to gendered hate and harassment online

2014

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Summary

It is a perversion of the intent of the Charter to use the rights it contains to create a safe space for the exploitation and abuse of women and girls. [...] To this end, we recommend the creation of a new office, independent of government but housed within the federal Ministry on the Status of Women, which will focus attention on the intersectional equality rights of women and girls online, and work with community, academics, government, and other experts to advance a vision of the Internet that protects both liberty and equality, privacy and accounta [...] REASONABLE EXPECTATION OF PRIVACY For the criminal offence created by Clause 3 of Bill C-13 to be made out, the person depicted in the intimate image must have had a reasonable expectation at the time the image was created that the image would be kept private, and must retain that reasonable expectation of privacy at the time the image is distributed. [...] In sum, the Court in JA concluded that the law “requires ongoing, conscious consent to ensure that women and men are not the victims of sexual exploitation.”25 The Court’s analysis should also apply to cases involving the non-consensual distribution of intimate images, and “sexual activity” must be understood to include the sharing of sexualized or intimate images. [...] While the subject of the image has consented to the taking of the image and the initial sharing of the image with someone of their choosing, they have not consented to the subsequent sharing of the image beyond that person.

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government education politics school crime women children's rights child pornography computer crimes copyright infringement criminal law culture law pornography prosecution sex social media bullying abuse court computing and information technology abusive protection order cyberbullying applied ethics cyberstalking sexting hate speech hate crimes misogyny child grooming

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