INTRODUCTION AND BRIEF DESCRIPTION
It is illegal to use the mail to transmit or deliver obscene, indecent, immoral, or scurrilous material.
SECTION WORDING
168(1) Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous.
EXPLANATION
Section 168(1) of the Criminal Code of Canada prohibits the use of mails for transmitting or delivering anything that is obscene, indecent, immoral or scurrilous. This provision is essential in regulating the types of materials that can be transmitted through the mail system in Canada. The main objective of this section is to protect the public from offensive and objectionable content that may cause harm to individuals or society in general. The term "obscene" refers to materials that are particularly offensive, vulgar, and repulsive. "Indecent" refers to materials that are improper or not acceptable according to prevailing standards of decency. "Immoral" materials, on the other hand, are contrary to principles of morality and morality encompasses what is considered right, proper, acceptable, and ethical within society. Finally, "scurrilous" materials refer to those that are insulting, defamatory, or intended to cause harm to a person or group. It is important to note that the definition of these terms is subjective and depends on prevailing community standards. Therefore, what may be considered obscene, indecent, immoral, or scurrilous in one community may not be the same in another. As such, the concept of "community standards" plays a crucial role in implementing this section. In summary, Section 168(1) of the Criminal Code of Canada seeks to regulate the use of the mail system by ensuring that the materials being transmitted or delivered do not offend community standards of decency and morality. This provision is a critical component in promoting public safety while protecting individual rights and freedoms.
COMMENTARY
Section 168(1) of the Criminal Code of Canada is a provision that prohibits the use of the mail system for the transmission or delivery of any material that is obscene, indecent, immoral, or scurrilous. This provision is aimed at protecting Canadian citizens from the harmful effects of offensive and morally corrupt materials that have no place in a civil society. This section of the Criminal Code of Canada is very important because it ensures that the Canadian mail system doesn't become a pipeline for the dissemination of morally questionable materials. It helps to safeguard our moral values and prevent the Canadian public from being exposed to dangerous and undesirable content. Obscene, indecent, immoral, and scurrilous materials can be considered as any content that falls below the accepted standard of moral decency in Canadian society. Such materials can include sexually explicit images, pictures or videos, foul language, and offensive or derogatory statements about certain groups of people. The use of such materials can harm individuals and the society as a whole, and therefore, the prohibition of their transmission through the mail system is necessary. The use of this provision is dependent on the meaning of the terms in it. The terms used in the section are not explicitly defined but are meant to be interpreted in light of the concept of moral standards and values that are widely accepted in Canadian society. The wording of Section 168(1) indicates that any material that is obscene, indecent, immoral, or scurrilous" is prohibited from transmission through the mails. The interpretation of the terms is therefore left to the courts to decide. One of the challenges that arise with the application of this provision is the question of what content is considered to be obscene, indecent, immoral, or scurrilous. The difficulty in defining these terms is that what is considered to be obscene or immoral to one person may not be the same to another. The difference in cultural, religious, and socio-economic values makes the determination of these terms highly subjective and context-based. Another challenge is determining the intent of the sender of the material. The provision requires that the sender must have intended to transmit or deliver the prohibited material through the mail system. Proving such intent can be difficult, and this provision can be subject to abuse by individuals who may seek to misuse it. Despite the challenges associated with Section 168(1), it remains a crucial law for the protection of Canadian society's values and moral standards. It is, however, important to continually update and refine this law to reflect the changing dynamics of our society and to ensure that it is not used to stifle legitimate debate, artistic expression, or other forms of freedom of expression. In conclusion, Section 168(1) of the Criminal Code of Canada prohibits the use of the mails for transmitting or delivering any material that is obscene, indecent, immoral, or scurrilous. This provision is a crucial tool for maintaining the moral standards of the Canadian society and ensures that offensive materials are not disseminated through the mail system. However, the provision requires a balance between its application and the protection of freedom of expression. Furthermore, contemporary values and norms need to be taken into consideration when interpreting this provision for a more comprehensive approach.
STRATEGY
Section 168(1) of the Criminal Code of Canada criminalizes the use of mail for the purpose of transmitting or delivering anything that is obscene, indecent, immoral, or scurrilous. This provision serves to protect the public from material that may be harmful to their moral or ethical well-being. However, there are several strategic considerations that need to be taken into account when dealing with this section of the Criminal Code of Canada. The first strategic consideration is the definition of key terms such as obscene," indecent," immoral," and scurrilous." The interpretation of these terms can vary, and their meaning is subjective, often depending on social, cultural, and political context. Therefore, it is important to take a legal approach that is sensitive to these nuances, so as not to infringe on individual rights of freedom of expression. The second strategic consideration is the definition of mails". Mails refer to anything that is sent through the postal service or any other courier service, including mails that are delivered electronically. Since the law applies to any mail that is sent for the purpose of transmitting or delivering any unlawful materials, it is important to design the strategies matching the medium used for sending these mails. The third strategic consideration is to ensure that the materials being transmitted or delivered are indeed obscene, indecent, immoral, or scurrilous. This requires a careful analysis of the content of the material in question, and making a clear determination of whether it falls within the prohibited category. One strategy that may be employed is to engage the services of experienced lawyers in this area of law to guide in making these assessments. Fourth, it is important to consider the context in which the material is being transmitted. For instance, the sending of obscene or indecent material in a closed group may not result in legal consequences as opposed to sending it to particular individuals, which could be deemed harassment or cyberbullying and could be criminally prosecuted. In addition, it is important to consider the content of the material, whether it targeted towards minors, public figures, or particular groups. The fifth strategic consideration is to comply with the relevant legal procedures when using the section. This section provisions criminal fines, imprisonment, forfeiture, and destruction of any materials. Liaising with regulators and law enforcement agencies, as well as observing due process, could give companies insight into the right steps to take, and minimize litigation and reputational risks. Sixth, it is worth taking the time to consider the cultural implications of any material. In Canada, there are many cultures and communities, and there may be cases that what is considered inappropriate in one community may not be so in another. Designing policies and procedures that adhere to Canadian norms and values, while also taking the diversity of cultures and communities into account is critical. In conclusion, section 168(1) of the Criminal Code of Canada poses important considerations that individuals, corporates, and institutions alike need to be aware of. These considerations include the interpretation of key terms, context, content, legal procedures, cultural implications, and being analytical in assessing the materials transmitted. Employing these strategies can help companies minimize risks and avoid criminal penalties, while safeguarding the public from the harms of obscene, indecent, immoral, or scurrilous materials.