Criminal Code of Canada - section 162(4) - Printing, publication, etc., of voyeuristic recordings

section 162(4)

INTRODUCTION AND BRIEF DESCRIPTION

It is an offense to knowingly print, copy, publish, distribute, sell, advertise or possess for the purpose of doing so a recording obtained through an offense.

SECTION WORDING

162(4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.

EXPLANATION

Section 162(4) of the Criminal Code of Canada deals with the printing, copying, publishing, distributing, advertising or making available of a recording that was obtained through illegal means. This section essentially makes it an offense to knowingly possess such a recording for the purpose of distributing or selling it. This means that if an individual is aware that a recording was created through illegal means, they cannot engage in any activity that would make the recording available to others, such as publishing it online or selling it in stores. The purpose of this section is to discourage the creation and distribution of recordings that were obtained through illegal means. These recordings may include private conversations or intimate images that were captured without the consent of the individuals involved. The publication or distribution of such materials can lead to serious harm for the individuals involved and violate their privacy rights. Violating section 162(4) of the Criminal Code of Canada is considered a criminal offense and is punishable by law. It is important for individuals to respect the privacy of others and refrain from engaging in activities that could harm or invade their privacy. Overall, this section plays a vital role in protecting the privacy and security of individuals in Canada and discourages the creation and distribution of illicit recordings.

COMMENTARY

Section 162(4) of the Criminal Code of Canada is an important piece of legislation that serves to protect the privacy rights of both individuals and businesses. The section deals with the unauthorized recording of private conversations and the subsequent dissemination of those recordings. Subsection (1) of this section lays out the specific actions that constitute an offence. It states that any person who, surreptitiously or by intercepting a private communication, records a conversation is guilty of an offence. The privacy of communication is a fundamental right and is guaranteed by the Canadian Charter of Rights and Freedoms. Recording a private conversation without the informed consent of all parties involved in the conversation is a violation of this right and is a clear breach of privacy. Subsection (4) of this section deals with the distribution of these recordings. It states that any person who knowingly distributes, circulates, sells, advertises, or makes available a recording obtained by the commission of an offence under subsection (1) is guilty of an offence. This is an important provision as it ensures that recordings obtained through illegal means are not circulated or shared with others. The language of this section is broad and covers a range of activities that may be used to disseminate the recordings. It includes activities such as selling, advertising, and making the recording available. This ensures that those who would seek to profit from the recordings are held responsible for their actions. An important aspect of this section is the phrase knowingly distributes". This phrase ensures that only those who were aware of the illegal means by which the recordings were obtained are held responsible for their dissemination. This provision ensures that individuals who may unknowingly come across a recording obtained through illegal means are not charged with an offence. The penalty for an offence under this section is imprisonment for up to five years. This is a significant punishment and serves as a deterrent for individuals who may be considering recording and distributing private conversations illegally. This section is particularly relevant in today's digital age, where recordings of private conversations can be easily disseminated through social media and other online platforms. It is important to ensure that individuals' privacy rights are protected and that those who would seek to violate these rights are held accountable for their actions. In conclusion, section 162(4) is an important provision of the Canadian Criminal Code that serves to protect the privacy rights of individuals and businesses. It provides clear guidance on the dissemination of recordings obtained through illegal means and ensures that those who seek to profit from such recordings are held accountable for their actions. This section sends a clear message that privacy rights are not to be violated and that those who would seek to do so will face serious consequences.

STRATEGY

Section 162(4) of the Criminal Code of Canada pertains to the unauthorized use or distribution of recordings obtained through the commission of an offense listed under subsection (1) of the same section. The offenses listed under subsection (1) include voyeurism, making or distributing child pornography, and intercepting private communication. The purpose of this provision is to prevent the distribution of recordings that exploit individuals' private lives, undermine their privacy, or can be harmful to vulnerable persons, such as children. In this essay, I will discuss some strategic considerations when dealing with Section 162(4) of the Criminal Code of Canada and suggest some strategies that could be employed. Strategic considerations The provision of Section 162(4) is part of a larger framework of laws that seek to protect privacy rights and prevent the exploitation of individuals through technology. Thus, anyone dealing with this provision should be aware of the broader legislative context in which it operates. Strategic considerations for dealing with this section include: 1. Understanding the scope of the provision - To be guilty of an offense under Section 162(4), a person has to know that the recording they are using or distributing was obtained through the commission of an offense under subsection (1). Strategic consideration should be made to understand the full scope of behavior that falls under the listed offenses under subsection (1). 2. Possession of the recording - A person may be guilty of an offense if they have the recording in their possession for the purpose of printing, copying, publishing, distributing, circulating, selling, advertising, or making it available. Understanding the interactions that may lead to the possession of such recording and the implications of such possession intellectually and legally will help reduce exposure to legal action. 3. The interpretation of 'knowing' - The term 'knowing' as used in this section is an essential part of the offense. It may be difficult to prove that a person knew where the recording originated. Therefore, the prosecution has the burden to establish the accused's knowledge beyond reasonable doubt, and the defense strategy may center around the quality of their knowledge of the origin of the recording. 4. How does the recording get to the accused - How the accused gets the recording can also be of significant interest. The recording will most likely have been recorded by a third party, and establishing the chain of evidence as to how it got to the accused can provide leverage in defense of the accused. Strategies Here are some strategies that can be employed where one is faced with allegations that they broke Section 162(4) of the Criminal Code. 1. Understand the law - The first and most important strategic consideration is to understand the law, especially the listed offenses under subsection (1), and the elements that constitute the crime under subsection (4). This will help in crafting a credible defense. 2. Have an experienced lawyer - The process of defending a crime under Section 162(4) can be complicated and difficult; thereby, the accused needs a competent legal professional capable of defending them. 3. Severing the allegations - If a person is charged with several offenses, it may be beneficial to separate the offences related to Section 162(4) from the others; this creates better focus on the case. 4. Have a thorough primary investigation - It could be that the allegations that the accused broke Section 162(4) are baseless, and so, therefore, an initial investigation is essential to establish the reasonableness of the claims. In conclusion, Section 162(4) of the Criminal Code of Canada is a provision that criminalizes the use of recordings obtained through the commission of a list of offenses under subsection (1). To reduce exposure to legal action and defend oneself appropriately, it is imperative to understand the law comprehensively, employ an experienced lawyer, separate unrelated allegations, and to conduct a thorough primary investigation. By employing these strategies, one may be able to effectively deal with allegations that they broke Section 162(4) of the Criminal Code.