Bill C-36: What will happen with the review boards, if advertising is deemed illegal

[magicmouthmax]

Hello all,

I'd like all of your input on this, of course from admins and mods as well. What will happen,
if advertising our services becomes illegal under the new law that is being proposed, if it passes?
Thank you all in advance for responding to this question. And forgive my ignorance if such a question
has already been posed, but I haven't managed to see it...

 

[Moderator]

It was already answered. I am not aware of ANY Canadian or foreign websites that are planning to close as a result of C-36.

 

[Marla]

My limited undetstanding of it is that Canadian websites are moving offshore to Europe where they cannot be touched. The Back Pages for instance are run from Eurorpe. The Redzone is not Canadian nor is CL. If someone's website is hosted in Canada than they could be affected by the new law and should look for a new hosting company south of the border or offshore. I don't think NOW will be able to publsih physically but I am not an expert. Nor will the Sun. All of this is in the air and no one is commenting just yet so it is hypothetical and everyone is talking to legal departments to find loopholes. But yes you can advertise as a sole proprieter.

 

[op12]

Section 2 of the Canadian Charter of Rights and Freedoms guarantees Freedom of Speech with a few exceptions. Only hate speech and obscenity are outlawed at the moment if I understand correctly.

Newspapers such as the Sun have lawyers to fight unconstitutional laws like this.

 

[DanJ]

I just don't believe the medium will be held responsible. If it's legal for an SP to advertise her own services, then it's legal. A site or newspaper hosting an ad isn't advertising sexual services, it's hosting an ad. It's the person paying for the ad who is breaking the law if it's not for their own offering of services.

 

[legmann]

Section 2 of the Canadian Charter of Rights and Freedoms guarantees Freedom of Speech with a few exceptions. Only hate speech and obscenity are outlawed at the moment if I understand correctly.

Newspapers such as the Sun have lawyers to fight unconstitutional laws like this.

Good on them.

 

[TeasePlease]

I just don't believe the medium will be held responsible. If it's legal for an SP to advertise her own services, then it's legal. A site or newspaper hosting an ad isn't advertising sexual services, it's hosting an ad. It's the person paying for the ad who is breaking the law if it's not for their own offering of services.

Whether you believe it or not is besides the point. Different ways to skin a cat...

 

[Moderator]

we're all moving in with Fred. Hes got a big lounge with a freakin huge couch .... don't steal my spot

Lol, Only if you're offering free sexual services otherwise Fred will be sent to Don Jail.

 

[MrPrezident]

MyRedbook on the US west coast was just seized by the FBI. Aside from arresting the operators of the board, LE has so far not appeared at Charlie Sheen's house.

 

[Toronto`s Finest]

Does that happen??? Cause you can access all kinds of things illegal to operate / host in Canada such as unlicensed online gambling casinos. They are not blocked

 

[TeasePlease]

It's been a long time since I looked that that stuff, but I vaguely recall that they can make life difficult.

I don't think they can block anything, that would create a huge stink. But they can make it illegal for Canadian-sited servers to host certain content, and I remember at least one case of a site that was located in the US but Justice successfully prosecuted the site/owners because they hosted significant canadian content.

But, I thought there were ways around some of that, like locating servers on First Nation ("sovereign") land.

 

[squeezer]

First nations have exemptions on income tax law,but criminal law applies to indian reserves. Otherwise we would have legal brothels in indian reserves.

True but could you imagine the fallout if the RCMP conducted a raid on an Indian reserve? In this article the Indian Police Chief clearly states he will not go against his own people if Bill C 10 is passed. http://www.tworowtimes.com/news/local/six-nations-organizing-to-fight-c-10/

 

[Fallsguy]

Good on them.

I would like to see a number of media outlets purposely break this law to get it to court as soon as possible.
Can you imagine the uproar if C36 staring closing down newspapers and websites? There would be an uproar, at least among those of us who are paying attention!

 

[GPIDEAL]

Section 2 of the Canadian Charter of Rights and Freedoms guarantees Freedom of Speech with a few exceptions. Only hate speech and obscenity are outlawed at the moment if I understand correctly.

Newspapers such as the Sun have lawyers to fight unconstitutional laws like this.

That's another great point.

 

[GPIDEAL]

It's been a long time since I looked that that stuff, but I vaguely recall that they can make life difficult.

I don't think they can block anything, that would create a huge stink. But they can make it illegal for Canadian-sited servers to host certain content, and I remember at least one case of a site that was located in the US but Justice successfully prosecuted the site/owners because they hosted significant canadian content.

But, I thought there were ways around some of that, like locating servers on First Nation ("sovereign") land.

If the site server is held offshore and can't be shut down, can they go after the site owners who are resident in Canada or Canadian citizens?

 

[Moderator]

It's been a long time since I looked that that stuff, but I vaguely recall that they can make life difficult.

I don't think they can block anything, that would create a huge stink. But they can make it illegal for Canadian-sited servers to host certain content, and I remember at least one case of a site that was located in the US but Justice successfully prosecuted the site/owners because they hosted significant canadian content.

But, I thought there were ways around some of that, like locating servers on First Nation ("sovereign") land.

There is nothing the Justice Dept can do about servers hosted overseas. Nothing. A Justice Dept spokeswoman said as much during the Committee hearings.

and I remember at least one case of a site that was located in the US but Justice successfully prosecuted the site/owners because they hosted significant canadian content.

I would have to see proof of this to believe it.

 

[TeasePlease]

If the site server is held offshore and can't be shut down, can they go after the site owners who are resident in Canada or Canadian citizens?

Yes, that's what they did.

There is nothing the Justice Dept can do about servers hosted overseas. Nothing. A Justice Dept spokeswoman said as much during the Committee hearings.


I would have to see proof of this to believe it.

R v. Starnet [BCSC] They can't do anything about foreign sited servers. But they can prosecute mind and management if they are Canadian.

Since you made me look it up, I also stumbled upon a reference to a SOCAN case where it was established that Canadian courts have recognized jurisdiction where Canada was the source transmission or reception of media broadcasts. But I can't find the decision in that matter.

 

[GPIDEAL]

Yes, that's what they did.




R v. Starnet [BCSC] They can't do anything about foreign sited servers. But they can prosecute mind and management if they are Canadian.

Since you made me look it up, I also stumbled upon a reference to a SOCAN case where it was established that Canadian courts have recognized jurisdiction where Canada was the source transmission or reception of media broadcasts. But I can't find the decision in that matter.

Hmmm. I wouldn't want Terb's group lotto play to be affected. So in theory, they can walk in and arrest mind and management at their offices, whilst the servers are domiciled abroad? (This assumes they know where their office is located and who the owners are).

 

[Moderator]

Are newspapers allowed to advertise for tobacco ?

Wasn't the ban on tobacco advertising found to be unconstitutional ?
http://www.thecanadianencyclopedia.ca/en/m/article/tobacco-advertising-ban-unconstitutional/

 

[Fallsguy]

Section 2 of the Canadian Charter of Rights and Freedoms guarantees Freedom of Speech with a few exceptions. Only hate speech and obscenity are outlawed at the moment if I understand correctly.

Newspapers such as the Sun have lawyers to fight unconstitutional laws like this.

Would escort ads be considered obscenity? By this government, almost certainly so, but what about the courts?