section 163(7)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines a crime comic as a publication containing predominantly pictorial content depicting real or fictional crimes or events related to crimes.

SECTION WORDING

163(7) In this section, "crime comic" means a magazine, periodical or book that exclusively or substantially comprises matter depicting pictorially (a) the commission of crimes, real or fictitious; or (b) events connected with the commission of crimes, real or fictitious, whether occurring before or after the commission of the crime.

EXPLANATION

Section 163(7) of the Criminal Code of Canada pertains to the prohibition of crime comics in the country. A crime comic is defined as a publication that depicts, almost exclusively, the commission of crimes, both real and fictitious or events that are connected to such crimes. These crimes can occur before or after the crime is committed. The law gives the definition to ensure that there is no confusion among publishers or readers as to what meets the criteria for a crime comic. The intention of the law is to protect Canadian children from exposure to violent content that could potentially influence their behavior. Therefore, buyers and sellers of any such publications must comply with the defined parameters, as set out by the law, to avoid any legal ramifications. It is essential to note that this law does not limit the freedom of expression or artistic license in Canada. However, it is meant to curb the promotion of violent acts, particularly in comic books and graphic novels, which are widely read by children and young adults. Overall, this law helps protect Canadian society from portraying and promoting violent behavior, which can accompany younger generations of the country.

COMMENTARY

Section 163(7) of the Criminal Code of Canada explicitly defines the term crime comic" and sets a clear boundary on what constitutes an unlawful publication. The section typically applies to comic books, magazines, and other graphic novels that depict the commission of crimes, whether real or imagined. Publications that predominantly depict or glamorize criminal activity can lead to negative social consequences, particularly the desensitization of young readers to acts of violence. There is no denying that violent and graphic content can influence one's behavior, especially if it is depicted in an appealing or entertaining manner. As such, Section 163(7) is an essential tool in preventing harm to the public. By defining a "crime comic," the law guards against the publication of materials that could normalize and trivialize real-life crime and encourage illegal behavior among susceptible groups. The provision has far-reaching implications for the creative industry, comic book writers and publishers, and distributors. They must exercise some responsibility when it comes to the depiction of crime in graphic works. The law requires them to abide by a set of guidelines so that their work does not cross legal or ethical boundaries. Those engaged in the creation, distribution, and sale of comics must bear in mind the various real-world consequences that their content can have, particularly on young minds. It is essential to note that the provision leaves some room for interpretation, allowing for artistic exploration and expression. The use of fiction to explore social issues or engage with pressing problems is a legitimate mode of expression and can lead to positive contributions to society. Hence, publishers and authors can still explore the darker aspects of human nature and its repercussions, provided they do not go too far in their depictions or descriptions. They must find the balance between artistic expression and responsible representation. While Section 163(7) may seem like an infringement on creative rights, it is an essential tool in maintaining social norms and protecting the public. By limiting the portrayal or glamorization of criminal activity, the law helps to minimize the negative influence and normalization of such behavior in society. Children and young adults are impressionable, and they need guidance to differentiate between right and wrong and to form acceptable social norms. The provision helps to reinforce this guidance and allows them to enjoy comics without fear of being exposed to harmful content. In conclusion, Section 163(7) of the Criminal Code of Canada is an important provision that supports the moral, social and cultural values of Canadian society. It serves to protect the public from the harmful effects of graphic and violent publications, particularly on young minds. While there is still room for creativity and artistic expression, authors and publishers must exercise responsibility and find the right balance. The law ensures that society can enjoy comics for their artistic value without the risk of inciting or normalizing criminal activity.

STRATEGY

Section 163(7) of the Criminal Code of Canada is a contentious issue in the world of comics and graphic novels. Many creators and publishers are concerned that the vague and ambiguous language in this section could be used to censor their work and restrict their freedom of expression. As such, it is important for creators and publishers to be aware of this section and develop strategies to deal with it. One of the key strategic considerations when dealing with section 163(7) is to carefully review the content of the comic or graphic novel being produced. If the content exclusively or substantially comprises matter depicting pictorially the commission of crimes, real or fictitious, or events connected with the commission of crimes, real or fictitious, then it could be seen as a crime comic and may fall under the purview of this section. Creators and publishers should also be aware that there is subjectivity in the interpretation of what constitutes a crime comic, and what may be considered acceptable in one context may not be in another. As such, it is important to understand the nuances of this section and how it may be interpreted by the courts. In developing strategies for dealing with this section, creators and publishers may consider the following: 1. Seek legal advice - Before production, it is advisable to seek legal advice from experts in the area of freedom of expression and censorship. This will help to ensure that the content being produced does not run afoul of the criminal code. 2. Review industry standards - Creators and publishers may also consider reviewing industry standards and best practices to ensure that their content is in line with what is generally accepted in the industry. 3. Collaborate with relevant stakeholders - It may be useful for creators and publishers to collaborate with relevant stakeholders such as the Canadian Comics Open Library, the Comic Book Legal Defense Fund, and other organizations that advocate for freedom of expression. 4. Be aware of precedents - Creators and publishers should also be aware of precedents set by previous cases and how they may impact their work. This will allow them to proactively address any potential issues before they arise. 5. Be prepared for legal challenges - Finally, creators and publishers should be prepared for legal challenges to their work. This may include having a legal defense fund or other resources available to fight any potential legal challenges. In conclusion, section 163(7) of the Criminal Code of Canada presents a challenge for creators and publishers of comics and graphic novels. However, by being aware of the section and developing strategies to deal with it, creators and publishers can continue to produce content that is within the bounds of the law while also preserving their freedom of expression.