INTRODUCTION AND BRIEF DESCRIPTION
This section defines sexually explicit material as visual, written or audio representation of explicit sexual activity or genital organs for sexual purposes.
SECTION WORDING
171.1(5) In subsection (1), "sexually explicit material" means material that is not child pornography, as defined in subsection 163.1(1), and that is (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, (i) that shows a person who is engaged in or is depicted as engaged in explicit sexual activity, or (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts; (b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity with a person; or (c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity with a person.
EXPLANATION
Section 171.1(5) of the Criminal Code of Canada defines sexually explicit material as material that is not considered child pornography, but is still sexually explicit in nature. This includes any type of visual representation such as photographic, film or video that shows a person engaged in explicit sexual activity or is depicted as such. It also includes representations of a person's genital organs or anal region, or if the person is female, her breasts. Written and audio materials that describe or present explicit sexual activity also fall under the definition of sexually explicit material. This section is important as it helps to define what constitutes as sexually explicit material in the Canadian legal system. It is crucial to understand this definition in order to properly identify and prosecute individuals who may be producing, distributing, or possessing sexually explicit material. This section also serves as a measure to protect individuals from potential harm caused by the production and distribution of such material. It is important to note that while this section defines sexually explicit material, it does not apply to material that is considered child pornography, which is strictly prohibited under the Criminal Code of Canada. Any individuals found to be in possession or distributing child pornography can face severe legal consequences.
COMMENTARY
Section 171.1(5) of the Criminal Code of Canada is a section that defines the term sexually explicit material". According to this section, sexually explicit material refers to any material that is not categorized as child pornography and that depicts or describes explicit sexual activity or shows a person's genital organs or anal region. This section is important in Canada because it clearly defines what is considered sexually explicit material and what is not. This helps to prevent misunderstandings about what types of material are inappropriate or illegal. Essentially, any material that depicts or describes explicit sexual activity or shows a person's genital organs or anal region can be considered sexually explicit material, whether it is photographic, film, video, audio recording, or written material. While this section is primarily concerned with defining sexually explicit material, it also has implications when it comes to determining what is appropriate for public display and what is not. For instance, if a billboard, poster, or advertisement features sexually explicit material that is deemed inappropriate, it could be taken down or the publisher could face legal action. Furthermore, this section helps to protect individuals, particularly minors, from being exposed to sexually explicit material. It creates boundaries and standards for what is acceptable and normal in society, and it helps to ensure that people are not exposed to material that could be harmful or inappropriate for them. Overall, Section 171.1(5) is an important section of the Criminal Code of Canada that defines what constitutes sexually explicit material. It helps to set boundaries and standards for society and protect individuals from exposure to inappropriate material. Furthermore, it enforces the law in regard to what is acceptable for public display, ensuring that individuals are not exposed to material that could be harmful or inappropriate for them.
STRATEGY
Section 171.1(5) of the Criminal Code of Canada outlines the definition of sexually explicit material under the law. As such, individuals and organizations must consider several strategic factors when dealing with this section of the Criminal Code. The first factor to consider is the legality of possessing and distributing the material. While not considered child pornography, the possession and distribution of sexually explicit material remains illegal in Canada. As such, organizations must ensure that their employees are appropriately trained to avoid any illegal activities related to sexually explicit material. This training could include educating employees on the definition of this section of the Criminal Code, the legal consequences of possessing and distributing such materials, and the potential impact on individuals involved. Secondly, organizations must consider the ethical implications of possessing and distributing sexually explicit material. While it may not be illegal, the use of such materials could have negative consequences for individuals involved, including the objectification and exploitation of individuals depicted in the material. As such, organizations must consider their ethical obligations to their clients, customers, and employees when dealing with sexually explicit material. Thirdly, organizations must develop strategies for addressing and preventing the possession and distribution of sexually explicit material. This could include developing policies and procedures that clearly outline the expectations for employees, such as prohibitions on the use of work devices and systems for accessing or sharing such material. It may also involve monitoring employee behavior and using technology to prevent access to prohibited websites or materials. Finally, organizations may also consider engaging in education and awareness campaigns to prevent the possession and distribution of sexually explicit material. This could include training employees on the risks and impacts of such materials, partnering with community organizations to raise awareness, and engaging in public outreach to promote responsible behavior. To conclude, strategies for dealing with section 171.1(5) of the Criminal Code of Canada must consider the legal, ethical, and practical implications of possessing and distributing sexually explicit material. By developing comprehensive policies and procedures, engaging in employee training and awareness campaigns, and actively monitoring behavior, organizations can mitigate the risks associated with this section of the Criminal Code.