INTRODUCTION AND BRIEF DESCRIPTION
Section 164(8) defines the term crime comic as it is used in section 163 of the Criminal Code of Canada.
SECTION WORDING
164(8) In this Section, "crime comic" has the same meaning as in section 163;
EXPLANATION
Section 164(8) of the Criminal Code of Canada defines the term "crime comic" for the purpose of Section 163, which deals with the distribution and possession of obscene materials. The term "crime comic" refers to a publication that contains depictions of criminal acts, such as murder, theft, or assault, in a graphic and detailed manner. Section 163 of the Criminal Code prohibits the distribution, possession, and creation of obscene materials. It defines "obscene" as referring to materials that "offend against propriety or decency," or that "portray prohibited sexual acts." The section is intended to protect society from materials that exploit or degrade individuals, and that have no value other than to satisfy prurient interests. Section 164(8) clarifies that the prohibition on obscene materials in Section 163 includes crime comics that depict violence and criminal acts in a graphic and detailed manner. The section acknowledges that some crime comics can have social value as works of art or literature, but it recognizes that the depiction of violent and criminal acts can have a harmful impact on vulnerable individuals, especially children. Overall, Section 164(8) provides a specific definition to clarify the scope of the Criminal Code's prohibition on obscene materials. By including crime comics in this definition, the section aims to protect individuals from harm and to uphold community standards of decency and propriety.
COMMENTARY
Section 164(8) of the Criminal Code of Canada is an important provision in the Canadian legal system as it defines and provides clarification on the meaning of the term "crime comic" as used in section 163 of the Criminal Code. This section is part of the broader set of provisions that prohibit the production, possession, distribution, and sale of obscene materials, including crime comics, that are deemed harmful to public morality. The term "crime comic" refers to any publication or comic strip that contains graphic depictions or descriptions of criminal activities, violence, or profanity. These comics often depict themes such as murder, rape, torture, and other violent acts. They are typically written as fictional stories but are often based on real-life events involving criminal activities. The inclusion of the term "crime comic" in section 163 is important because it helps to provide clarity on the scope of the provision. Without this definition, it could be challenging to determine which publications or comic strips are covered by the provision. In other words, the definition provides guidance on what types of materials are prohibited under section 163 and what is not. Section 163 of the Criminal Code broadly prohibits the distribution, possession, and production of obscene materials that are deemed harmful to public morality. It includes a range of materials such as books, magazines, films, and other media that contain graphic, violent, or sexual content. The section aims to protect public welfare by preventing the dissemination of materials that can corrupt or injure public morals. The inclusion of crime comics in this provision suggests that they have been deemed to be obscene and harmful to public morality. The rationale behind this conclusion is the belief that violent or criminal behavior can be glorified or normalized through the depiction of such activities in comics or other media. Such portrayals can contribute to a climate of violence and undermine public order and safety. There are several important implications of this provision for the production and distribution of crime comics in Canada. First, it restricts the creative freedom of authors and publishers who may wish to produce such content. Second, it may lead to censorship and the suppression of alternative viewpoints and artistic expressions. Third, it raises questions about the role of the state in regulating free speech and artistic expression. In conclusion, Section 164(8) of the Criminal Code of Canada is an important provision that provides clarity on the meaning of the term "crime comic" in section 163. The provision seeks to protect public welfare by prohibiting the dissemination of obscene materials that are deemed harmful to public morality. While the inclusion of crime comics in this provision may raise questions about artistic freedom and censorship, it is undeniable that violent or criminal behavior should not be glorified or normalized through the depiction of such activities in media.
STRATEGY
Section 164(8) of the Criminal Code of Canada defines the term crime comic" as having the same meaning as it does in Section 163. Section 163 defines crime comics as any magazine, periodical or book that exclusively or substantially comprises matter depicting pictorially (whether or not accompanied by written matter) the commission of crimes, real or fictitious." Anyone engaged in creating, distributing, or possessing crime comics could be in violation of Section 164 of the Criminal Code. Several strategic considerations should be taken into account when dealing with this section of the Criminal Code. One of the most important considerations is to ensure that the content of the comic does not violate the laws of the land. This means avoiding the use of imagery depicting actual criminal activity that may be deemed inappropriate or offensive to the authorities. Furthermore, it is essential to avoid images that may incite violence or any other form of harmful behavior that could lead to civil unrest. Another strategic consideration is to ensure that the creation, distribution, and sale of comics does not infringe on the intellectual property rights of other individuals or organizations. This means that creators of crime comics must ensure that they have the necessary legal rights to use any images, characters, or other elements in the comics that they produce. To avoid the problems associated with Section 164 of the Criminal Code, there are several strategies that can be employed. One of the most important strategies is to make sure that the content of a comic complies with all the relevant laws of the land. This can be done by consulting with legal experts who specialize in comic law. Another strategy is to create a platform for the distribution and sale of crime comics that is safe and secure, with standard operating procedures in place that ensure the legal compliance of any comics produced and available for distribution. This could include implementing rigorous procedures for screening comics, ensuring quality control, and providing a secure online payment system for transactions. Finally, it might be useful to educate the public on the law surrounding crime comics in Canada, including Section 164 of the Criminal Code. This could be done by partnering with education institutions and holding workshops or webinars on the subject matter. In conclusion, there are several strategic considerations that need to be taken into account when dealing with Section 164 of the Criminal Code of Canada. To avoid contravening this section of the law, it is essential to ensure that the creation, distribution, and sale of any comic complies with all the relevant laws of the land. Strategies such as legal consultation, creating secure distribution platforms, and public education on the subject can help creators, distributors, and sellers of crime comics navigate this legal issue.