Children exposure to sexuality has taken a new twist as the subjects are exposed to a myriad of sources including peers, entertainment media, marketing and social media. Recent technological development has complicated the issue as teens now use technology to express their feelings and to attract potential partners. Social media has changed the way teens interact by opening a new avenue that they can use to exchange their ideas, share opinions and also send images to their peers at lower prices. Technology has indeed flattened the global landscape opening new opportunities and creating new problems. One such problem is the exchange of sexually explicit images (Johnson, Mishna, Okumu & Daciuk, 2018). The purpose of this paper is to discuss the legality of sexting or nudes in Canada. The paper will focus on individuals who are aged 12-18 years. The paper will also discuss the pros and cons of the law and its impact on teens.
The act of sharing intimate images using digital technology known as sexting by adults and nudes by kids is not a new phenomenon. Generation X also used the technique for phone sex as well as to share intimate images. Currently, kids can access computers, laptops and cell phones that give them an opportunity to share explicit photos (Fleschler Peskin et al., 2013). The main difference however between the two generations is the difficulty of controlling what is shared by the teens because the images are digitally sent. Copies can now reach thousands in minutes and hours (Johnson, Mishna, Okumu & Daciuk, 2018). The challenges that surround the distribution of such images raise social-emotional issues.
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The new developments had complicated the issue since the teens are now becoming more sexually aware of their friends a phenomenon that is considered normative in their overall development just like the way adults could relate to the issue when they were still teens. The teens are currently using technology to understand sexuality (Kosenko, Luurs & Binder, 2017). However, there is a significant challenge in the youths as they try to navigate the intersection between establishing healthy human sexual interactions and the use of technology. Different studies show that a majority of teens actively engage in sexting. Similarly, males and females are actively sharing and receive such images.
A worrying trend is that according to a report by the internet watch foundation, 88% of the photos and videos shared through social media are reposted by the receivers. Sexting is currently a norm and not reserved to a particular group. The need to control sexting has raised significant questions over what should be done to control the issues. According to researchers, sexting does not pose a serious public health issue to the teens (Kosenko, Luurs & Binder, 2017). However, others have called for stiffer laws to control information sharing.
According to online and offline sources, it is illegal to distribute intimate images especially if the sender or receiver is a teen. The situation, however, is different given that according to the Canadian law, a twelve-year-old teen is answerable to the criminal code. According to section 163, child pornography is any visual or written representation that includes photographic, video and other files that are made using electronic or mechanical means. The material, in this case, shows an individual who appears to be below 18 years and the person is engaging, or the image or video depicts that the person is engaging in the explicit sexual activity. The main characteristics that dominate the image or video are the sexual organs or even the anal area of an individual who is not yet 18 years old. Similarly, the section talks about advocating for sexual activity with a teen.
A teen that is charged under section 163.1 CCC can face charges of possessing, producing and distributing child pornography. The teen once convicted will have to register as a sex offender. However, according to a Supreme Court ruling in “R vs Sharpe” 2001, it is not illegal if two consenting teenagers who are still under 18 years old to poses or even carry a naked image or video of the other for own use. Teens in a legal relationship can, therefore, share a picture with a partner provided that they consent to do so and keep the same private. However, showing such a photo or image outside the relationship can be illegal. The challenge is that law enforcement in Canada is unlikely to charge teens for possessing or sharing such images under section 163. The section was initially created to address pedophiles, and therefore law enforcement is unwilling to use the same on sexting.
Canada enacted its laws in 2015 to address the non-consensual distribution of such images and revenge porn. Section 162.1(1) of the law states that an individual who intentionally publishes distribute, transmit, sells, advertises and avails an intimate image without the consent of the person depicted on the picture is guilty. The same condition applies even if the approval was given but the person was reckless in the manner they handled the image. Law enforcement will, therefore, use this section whenever a video or picture is sent without the consent of the owner to an outsider of a relationship. An individual who is convicted under this section is not required to register with the sex registry.
Dealing with tens and the distribution of intimate images for long was dealt from an abstinence approach in addition to a criminalising message. However, the two methods have not reported any significant reduction in sexting (Fleschler Peskin et al., 2013). Evidence shows that messaging and criminalising sexting reduces the chances for support while eliminating the opportunity for recourse by a teen in the event of non-consensual distribution of images. A teen is unlikely to approach police or any other person in authority for fear of being arrested (Temple & Choi, 2014). Similarly, the teens are also unafraid because the images can be seen by the parents or guardians which can be embarrassing.
The Crime against Children Research Center reported in 2016 reported that only 16% of teens said the distribution of intimate images without their consent. The concerns were raised by teens who needed help concerning their private photos. The above statistics indicate that more needs to be done to encourage teens to report such issues to the police or a person in authority. Adults must understand that open communication with the youth can help them to open up and disclose such information without feeling embarrassed (Temple & Choi, 2014). Open discussion with the teens can effectively encourage the teens to open up and report any cases that involve sexting without their consent. Such approaches are especially useful in situations where the perpetrators are extorting the teens. It is also critical to understand that human intimacy is changing and sharing of intimate images is becoming part and parcel of the youths (Fleschler Peskin et al., 2013). Such recognition will, therefore, lead to a shift from abstinence and criminalisation to an approach that focuses on educating and reducing the overall harm that the teens are exposed to.
References
Fleschler Peskin, M., Markham, C., Addy, R., Shegog, R., Thiel, M., & Tortolero, S. (2013). Prevalence and Patterns of Sexting Among Ethnic Minority Urban High School Students. Cyberpsychology, Behavior, And Social Networking , 16 (6), 454-459. doi: 10.1089/cyber.2012.0452
Johnson, M., Mishna, F., Okumu, M., & Daciuk, J. (2018). Non-Consensual Sharing of Sexts: Behaviours and Attitudes of Canadian Youth. Retrieved from http://mediasmarts.ca/sites/mediasmarts/files/publication-report/full/sharing-of-sexts.pdf
Kosenko, K., Luurs, G., & Binder, A. (2017). Sexting and Sexual Behavior, 2011-2015: A Critical Review and Meta-Analysis of a Growing Literature. Journal Of Computer-Mediated Communication , 22 (3), 141-160. doi: 10.1111/jcc4.12187
Temple, J., & Choi, H. (2014). Longitudinal Association Between Teen Sexting and Sexual Behavior. PEDIATRICS , 134 (5), e1287-e1292. doi: 10.1542/peds.2014-1974
