What is Illegal to Watch on the Internet in Canada?

It is an era of the internet, so it is normal that you will search for nearly everything. You may think it is normal to watch anything on the internet, as you are paying for it and have your own device.

But do you know that you can go to jail if you watch certain things online?

Such things are considered illegal to watch on the internet in Canada, and there are laws for them. The legal authorities monitor you closely if they notice you have been watching such things or anything related to that.

Wondering what those are?

In the following discussion, you will get to know about those and the penalties you may get for watching such illegal stuff online.

You are allowed to watch porn in Canada. But you are allowed under some conditions. You must be 18 or more, and the content must not include any child in it. But watching nudes, and images of sexual offences to children under 18 is prohibited in Canada.

It is against the law to produce or distribute pornographic content with a child in Canada. Again, having obscene materials with the intention to sell, display, or expose them to the public is likewise illegal.

According to a related section of the Criminal Code, Child pornography is illegal to create, publish, distribute, or possess. It means that anyone who accesses any website with child pornography and watches it on a computer could be charged with a crime for leaving a copy of the photos on the device’s hard drive.

The idea of the Criminal Code of child pornography includes the following:

• Visual presentation of a person under 18 or who appears to be under 18 engaging in explicit sexual behavior.
• A printed, displayed, or audio piece that promotes or counsels sexual conduct with a person under the age of 18.
• The audio version prominently features the description, presentation, or portrayal of sexual behavior with a person under the age of eighteen done for sexual purposes.

The Canadian Centre for Child Protection is a nonprofit organization that offers programs and resources to enhance children’s personal safety and minimize child victimization, which is operated by Cybertip.ca. When the federal Act was passed into law, Cybertip.ca was chosen as the official reporting platform for child sexual abuse.

Assaults in this category are:

• Child exploitation (images and material),
• Online seduction
• Traveling to sexually exploit children
• Child trafficking
• Child exploitation
• Making sexually explicit material available to children
• Planning with someone else to abuse children sexually

The following penalties are set in the Criminal Code as follows:

s. 163.1
…
Making child pornography
(1) Every person who makes, prints, publishes, or possesses for the purpose of publication any child pornography is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.

Distribution, etc.,of child pornography
(2) Every person who transmits, makes available, distributes, sells, advertises, imports, exports, or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of,

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.

Possession of child pornography
(3) Every person who possesses any child pornography is guilty of,

(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or
(b) An offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

Accessing child pornography
(3.1) Every person who accesses any child pornography is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

You can report child exploitation voluntarily to save a child from nightmares.

The methods are:

• You can report the incident to Cybertip.ca or their local law enforcement agency; well, it will depend on the circumstances. While submitting a tip to Cybertip.ca, you can remain anonymous or provide details so that they can contact you later for further details. Cybertip.ca will send all the reports that they believe as a violation of the Criminal Code and send them to law authorities. They will continue the further investigation.
• You can also share any information with the proper child welfare organizations about the child who may require protection.
• You might also choose to submit your concerns to the ISP. It hosts the website where you found the offensive content.

Apart from child pornography, a few other things are illegal to watch on the internet in Canada.

The past ten years have seen an increase in the number of streaming. The practice of “torrenting,” or illegal or unauthorized streaming, is very noticeable among youngsters. However, downloading and watching such copyrighted content could result in jail time.

Using torrents to view or share anything that is protected by copyright is against the law. Along with the possibility of going to jail, you may also need to pay the copyright owner fines. You may even lose your access to the internet.

Besides that, unofficial streaming services that broadcast TV shows or movies without a license can get banned. You may need to go to jail if you’re found using one of those websites.

Cybersecurity experts closely monitor everything regarding terrorism or bombs because these issues are a possible threat to the global community. So even a simple search like pressure cookers and bags could end up putting you on a prospective terrorist watch list. The circumstances can become worse when you watch these.

After that, your online activities will be monitored more closely, and you might also end up in discussion with certain law enforcement officers regarding your searches.

There is a criminal underworld on the internet known as the “dark web,” You can hire an assassin and get child pornography in there. Obviously, it is against the law to hire an assassin to assassinate someone. Also, surfing the dark web regarding these violates the law.

You should always stay cautious when conducting such searches. Avoid the dark web; you won’t be put on a watchlist for just looking up some crime books or video games.

So, as you know the illegal things to watch in Canada, you need to make sure you are avoiding those. Also, stay cautious before looking for anything even a bit related to these. It will keep you safe from the penalties and keep your record clean.

If you are charged with possession of / or accessing child pornography, contact a Criminal Defence Lawyer like Linh Pham.

The punishment for viewing illegal content on the internet in Canada can vary depending on the nature and severity of the offense. For example, if someone is convicted of viewing child pornography, they can face imprisonment for up to 10 years. On the other hand, if someone is caught illegally streaming copyrighted material, they could face fines and legal action from the copyright holder.

Yes, it is illegal to download illegal content in Canada, just as it is illegal to watch or view such content. This includes downloading child pornography, hate propaganda, or copyrighted material without permission. The same punishments and penalties apply to downloading illegal content as they do to viewing it.

Yes, it is possible to get in trouble for accidentally viewing illegal content on the internet in Canada. However, the likelihood of facing legal consequences would depend on the circumstances of the case. For example, if someone stumbles upon child pornography while browsing the internet, they should immediately stop viewing it and report it to the authorities. Proving that the viewing was accidental may serve as a mitigating factor in court, but it is not a guarantee that legal consequences will not be pursued.

Yes, there are steps you can take to ensure that you are not viewing illegal content on the internet in Canada. For example, you can install anti-virus software on your computer to prevent accidental exposure to harmful websites. You can also avoid downloading or streaming content from unreliable sources and be mindful of the type of content you access online. Additionally, you can educate yourself on the laws and regulations regarding illegal content in Canada to help avoid accidental viewing of such material.

Is Watching Porn Illegal in Canada?

No, watching porn is not illegal in Canada, as long as the content is legal and involves consenting adults. Canadian law allows adults to view adult content in private. However, child pornography, non-consensual content, or material involving exploitation is strictly prohibited and carries severe legal consequences. It’s essential to access content from reputable and lawful sources to avoid accidentally engaging with illegal material. Always ensure that the content respects consent, age laws, and Canadian legal standards to stay within the law.