Manitobans could be the first Canadians to face jail time and fines for failing to report suspected cases of child pornography under legislation introduced Wednesday.
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The provincial government on Wednesday introduced legislation that, if passed, will amend the Child and Family Services Act to expand the definition of child abuse to include child pornography.
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Precise details of the legislation have yet to be released, but under its provisions, anyone caught not reporting suspected cases of child pornography could face up to two years behind bars or a maximum $50,000 fine - the same penalty for those who fail to report child abuse.
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"Child porn is not just a picture - it's a sexual assault committed against a child," said Lianna McDonald, director of the Canadian Centre for Child Protection. "It's an act of child abuse that needs to be stopped."
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The agency runs the national tip line for reporting child sexual exploitation that Manitobans will be asked to call if they notice a possible case of child pornography.
Informants' identities protected
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Informants will be given a file number, which will prove that they did report what they knew, if a case goes to court. Informants' identities will be protected to guard their confidentiality and prevent retribution.
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McDonald said the legislation won't solely target internet service providers, but all Manitobans, from computer repair technicians to a babysitter who stumbles upon photos in someone's home.
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Wayne Dang, general manager of Computer Avenue in Winnipeg, expects his industry will take on more responsibility under the legislation. His company has already reported three cases of suspected child pornography to police.
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"I was sick to my stomach. It was very disturbing," he said. "That could be my child. That could be my next-door neighbour's child. What can we do about this?"
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Wes Penner, general manager of Powerland Computers, agrees. While clients at his stores expect staff to keep their computers' data private, he said, there are exceptions.
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"Privacy has its limits," he said. "Normally it should be there. But if ... there's a serious crime being committed, or if you can avoid or you can prevent it from happening by reporting it, then I think you should."
Malicious tips?
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Some critics have raised concerns that the legislation could be abused, leading to invasions of privacy or a flood of malicious tips.
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But Roz Prober, head of Beyond Borders, said people know pornography when they see it.
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"They'll know very quickly that that isn't babies in a bathtub. The children are usually posed, the pictures are sexually graphic," she said. "Nothing to do with [innocent] pictures of children in the bathtub that would cause me to be arrested."
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Others worry it won't really mean anything, pointing out that Manitobans are already legally required to report cases of child abuse - but the law is rarely enforced.
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Police outside Manitoba are applauding the move, including Toronto's police force, which is known worldwide for employing innovative methods of cracking down on sexual exploitation.
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"These are real children and these are real photos and we can never forget that.... It's evidence and should be treated that way," said Det.-Sgt. Kim Scanlan, who heads the Toronto Police Service's child exploitation unit.
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Child protection advocates said they hope the federal government will adopt legislation similar to the Manitoba proposal.