Bill C-270

Stopping Internet Sexual Exploitation Act

An Act to amend the Criminal Code (pornographic material)

This enactment amends the Criminal Code to prohibit a person from making, distributing or advertising pornographic material for commercial purposes without having first ascertained that, at the time the material was made, each person whose image is depicted in the material was 18 years of age or older and gave their express consent to their image being depicted.

Stopping Internet Sexual Exploitation Act

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

moved that Bill C-270, An Act to amend the Criminal Code (pornographic material), be read the second time and referred to a committee.

Madam Speaker, imagine being the parent of a teenage daughter who has been missing for months and somebody discovers 50 explicit videos of that daughter being sexually abused on Pornhub, the most popular porn site in the world. Imagine how one would feel if intimate images of one's sibling was uploaded and Pornhub refused one's request to remove that content. Now, imagine if those videos of their exploited loved ones were being monetized and published for profit by Pornhub and were made available to Pornhub's over 130 daily visitors.

How would someone feel if Pornhub’s only response was an auto-reply email? Understandably, one would be outraged. One would be furious, yet this happens over and over. Survivors, including a 12-year-old from Ontario, have had to seek justice through their own lawsuits because in Canada, the onus is on survivors and on law enforcement to prove, after the material has been uploaded, that the individuals depicted in those videos are either under age or have not consented to their distribution. This is a serious problem that Bill C-270, the stopping internet sexual exploitation act, seeks to fix.

it’s important to note that for years, survivors, child protection agencies and the police have spoken out about this exploitation. They have not been silent. Survivors have shared how pornographic companies like Pornhub have been profiting from content depicting minors, sex trafficking victims, sexual assault, intimate images and gender-based violence for years. As early as 2019, companies like PayPal cut ties with MindGeek due to the availability of exploitive and abusive content.

In March 2020, a few parliamentarians and I wrote a public letter to the Prime Minister to alert him about the exploitation that was happening on MindGeek. We followed up in November 2020 with a letter to the then Minister of Justice, urging him to ensure that our laws were adequate to prevent women and girls from being exploited by Pornhub.

It was The New York Times exposé on December 4, 2020, in a piece written by Nicholas Kristof, that finally got the public's and the government’s attention. It was entitled “The Children of Pornhub: Why does Canada allow this company to profit off videos of exploitation and assault?” That article finally kicked off a firestorm of international attention on Pornhub, which is one of many pornographic websites owned by MindGeek, a Canadian company based in Montreal. About a year ago, it was bought and rebranded as Aylo by a company called Ethical Capital Partners, based in Ottawa.

A few days after that article, the House of Commons ethics committee initiated an investigation into Pornhub. I joined the ethics committee for its study on Pornhub and listened to the harrowing stories of young women who had videos of sexual assaults or intimate content shared without their consent. Many of these women were minors when the videos were created and uploaded to pornography sites like Pornhub. I want to take a moment to share some of their testimony.

Serena Fleites, whose story was covered by The New York Times exposé, had videos of her at age 13 uploaded by her ex-boyfriend. After that, her whole life came crumbling down. She experienced depression and drug use. She was harassed by people at her school who found her video and sent it to family members. She was blackmailed. She had to pretend to be her mother to have the videos taken down from Pornhub. This was all while she was 13 years old. In the end, she stopped going to school. She told us:

I thought that once I stopped being in the public so much, once I stopped going to school, people would stop re-uploading it. But that didn't happen, because it had already been basically downloaded by [all the] people...[in] the world. It would always be uploaded, over and over and over again. No matter how many times I got it taken down, it would be right back up again.

It basically became a full-time job for her to just chase down those images and to get them removed from Pornhub.

Some witnesses appeared anonymously to protect their identities. One witness stated, “I was 17 when videos of me on Pornhub came to my knowledge, and I was only 15 in the videos they [were] profiting from.” She went on to say, “Every time they took it down, they also allowed more and more videos of me to be reuploaded.” That witness also said, “Videos of me being on Pornhub has affected my life so much to the point that I don't leave my house anymore. I stopped being able to work because I [am]...scared to be out in public around other people.”

Another survivor who spoke to us at committee is Victoria Galy. As a result of discovering non-consensual images and videos of herself on Pornhub, she completely lost her sense of self-worth, and at times, she was suicidal. She told us at committee, “There were over eight million views just on Pornhub alone. To think of the amount of money that Pornhub has made off my trauma, date rape and sexual exploitation makes me sick to my stomach.” She added, “I have been forced to stand up alone and fight Pornhub”.

It is a serious failure of our justice system when survivors have to launch their own lawsuits to get justice for the harms caused by companies like MindGeek. This Canadian company has not faced a single charge or consequence in Canada for publishing its videos of exploitation and for profiting from them. This is truly shameful.

Last year, a survivor named Uldouz Wallace reached out to me. Uldouz is a survivor of the 2014 iCloud hack. She is also an award-winning actress, executive producer, activist and director of Foundation RA. Uldouz had photos and videos taken in the 2014 iCloud hack and uploaded onto porn sites like Pornhub, and she fought for years to get them taken down. As a result of this, she told us, “I lost followers, I lost everything that you could think of. It was just such hard time for me. I ended up spending over a million dollars over a three-year span just to get the content taken down on me with no success.... They're making so much money off of the non-consensual uploading of images and videos. The re-uploading is also a billion dollar industry.” She added, “There's still no federal laws. There's barely any laws at all to hold anyone online accountable. There's currently foreign revenge laws but for people like me there's nothing.”

Rachel, a survivor from Alberta, said that it was devastating and that it is going to haunt her for the rest of her life. She said that she will always be someone's porn.

I want to point out the incredible courage of Victoria, Serena, Uldouz, Rachel and many other survivors who have spoken out. In the midst of one of the most difficult moments of their lives, they are fighting back against a billion-dollar industry that seeks to profit from their pain and exploitation. I thank Victoria, Serena, Uldouz, and Rachel for refusing to back down. I thank them for their courage. I thank them for their relentless pursuit of justice. I would encourage members to listen to their full testimonies, and they can do so at www.siseact.ca.

Throughout the ethics committee hearings and from the interactions I have had with survivors since, it is clear that this is a common problem. Pornographic companies are publishing and monetizing content without verifying the age and the consent of the people depicted in them. This is particularly a problem for Canada as many of those websites are hosted here.

Bill C-270, the stopping Internet sexual exploitation act, would stop this. I am going to quote right from the summary of my bill. It states that the SISE act would:

...prohibit a person [including companies] from making, distributing or advertising pornographic material for commercial purposes without having first ascertained that, at the time the material was made, each person whose image is depicted in the material was 18 years of age or older and gave their express consent to their image being depicted.

The SISE act would also allow individuals to revoke their consent. This is an important part to express the ongoing consent. Finally, the SISE act would provide for aggravating factors when the material created or published actually depicts minors or non-consensual activity.

I am also pleased to share that I consulted on the bill with a variety of child protection agencies, law enforcement groups and the Canadian Centre for Child Protection to ensure that there are no gaps and that police have the tools to ensure they can seek justice.

The heart of the bill is consent. No one should be publishing sexually explicit material without the express consent of everyone depicted in that material. Children cannot consent to exploitation. Victims of sex trafficking and sexual assault cannot consent. Those filmed without their knowledge cannot consent, yet pornography companies freely publish this content and profit from it because there is no onus on them to verify the age or the consent of those depicted.

That is why the second recommendation of the 2021 ethics committee report is:

That the Government of Canada mandate that content-hosting platforms operating in Canada require affirmation from all persons depicted in pornographic content, before it can be uploaded, that they are 18 years old or older and that they consent to its distribution, and that it consult with the Privacy Commissioner of Canada with respect to the implementation of such obligation.

We have heard from survivors who testified that their images of abuse would not be online if companies like Pornhub had bothered to check for age and consent. Bill C-270 would fulfill this important recommendation from the ethics committee report and, importantly, I should add that this report was unanimously supported by all parties at the ethics committee.

The recommendation also suggests consulting with the Privacy Commissioner. I happy to share with my colleagues that on February 29, 2024, the Privacy Commissioner released his investigation into Pornhub's operator Aylo, formerly MindGeek. The report was initially scheduled to be released on May 23, but it was delayed for over nine months when MindGeek, or Aylo, and its owners, Ethical Capital Partners took the Privacy Commissioner to court to block the release of that report.

The Privacy Commissioner’s investigation into Aylo, MindGeek, was in response to a woman whose ex-boyfriend had uploaded intimate images of her to MindGeek's website without her consent. The young woman had to use a professional service to get it taken down and to remove her images from approximately 80 websites, where they had been re-posted more than 700 times.

The report shared how the publishing of the woman’s intimate images led to a permanent loss of control of the images, which had a devastating effect on her. It caused her to withdraw from her social life and to live in a state of fear and anxiety. The Commissioner stated:

This untenable situation could have been avoided in many cases had MindGeek obtained direct consent from each individual depicted in content prior to or at the time of upload.

Pornhub’s own Monthly Non-Consensual Content reports suggest that non-consensual content is still regularly uploaded and viewed by thousands of users before it is removed.

We find that by continuing to rely solely on the uploader to verify consent, MindGeek fails to ensure that it has obtained valid and meaningful consent from all individuals depicted in content uploaded to its websites.

Ultimately, the Privacy Commissioner recommended that Pornhub and its owners adopt measures that would verify age and consent before any content is uploaded. I would urge all members to read the Privacy Commissioner's report on Pornhub.

While Pornhub and its owners are the biggest pornography company in the world, this bill would ensure that age verification and consent applies to all pornography companies because whether it is videos of child exploitation, sex trafficking, AI deepfakes, sexual assault or an intimate encounter filmed by a partner, once a video or image has been uploaded, it is virtually impossible to eliminate. Each video can be viewed and downloaded millions of times within a 24-hour period, starting an endless nightmare for victims who must fight to get those videos removed, only for them to be uploaded again within minutes or hours.

Canada must do more to prevent this exploitive content from ever reaching the Internet in the first place. I hope I have the support of my colleagues in ending this nightmare for so many and in preventing it for so many more. To the survivors, some of whom are watching today, we thank them. Their voices are being heard.

I want to thank the organizations that have supported me along the way in getting this bill to this point: National Centre on Sexual Exploitation, National Council of Women of Canada, Ottawa Coalition to End Human Trafficking, London Abused Women's Centre, Defend Dignity, Vancouver Collective Against Sexual Exploitation, The Salvation Army, Survivor Safety Matters, Foundation RA, Montreal Council of Women, CEASE UK, Parents Aware, Joy Smith Foundation, Hope Resource Centre Association, Evangelical Fellowship of Canada, Colchester Sexual Assault Centre, Sexual Assault and Violence Intervention Services of Halton, and Ally Global Foundation.

Pornography

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, it is a real pleasure to stand up today to present a petition.

The petition I am presenting today comes from Canadians from across the country who are concerned about the consent and age verification of those depicted in pornographic material. The petitioners are asking the government to follow recommendation 2 of the 2021 Standing Committee on Access to Information, Privacy and Ethics report on MindGeek, which would require all content hosting platforms to verify age prior to uploading content.

Bill C-270, the stopping Internet sexual exploitation act, would add two offences to the Criminal Code. The first requires age verification and consent prior to distribution. The second requires removal of that material if the consent withdrawn.

The petitioners are calling on the House of Commons to pass Bill C-270.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, it is my privilege to rise today to present a petition from Canadians across the country, including many of my own constituents, who are concerned about the consent and age verification of those depicted in pornographic material.

The petitioners ask for the government to follow recommendation 2 of the 2021 Standing Committee on Access to Information, Privacy and Ethics report on MindGeek. This requires that all content-hosting platforms in Canada verify age and consent prior to uploading content on platforms that operate on a commercial basis.

Bill C-270, the stopping Internet sexual exploitation act, would add two offences to the Criminal Code. The first would require age verification and consent prior to distribution; the second would require the removal of that material if consent is withdrawn. As such, the petitioners are calling for the quick passage of Bill C-270, the stopping Internet sexual exploitation act.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, the next petition I have comes from Canadians from across the country who are concerned about the folks who are showing up in pornographic material. The petitioners want the Government of Canada to pass Bill C-270, the stopping internet sexual exploitation act, which will be up for debate tomorrow.

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, I have two petitions here. In the first petition, the petitioners would ask that the government follow recommendation no. 2 from the Standing Committee on Access to Information, Privacy and Ethics' 2021report on MindGeek, which recommends that all content-hosting platforms in Canada verify age and consent prior to uploading content. Bill C-270, the stopping internet sexual exploitation act, would add two offences to the Criminal Code. The first would require age verification and consent prior to distribution; the second would require removal of material if consent is withdrawn.

As such, these petitioners call on the House of Commons to pass Bill C-270, the stopping internet sexual exploitation act.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, the last petition I have to present today comes from Canadians from across the country who are concerned around the use and consent and the age verification of those depicted in pornographic material. They are calling on the House of Commons and the Government of Canada to quickly pass Bill C-270, the stopping Internet sexual exploitation act, which adds two offences to the Criminal Code.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, the next petition I have is from Canadians from across the country, including many of my own constituents, who are concerned about the consent and age verification of those depicted in pornographic material.

Petitioners ask for the government to follow recommendation 2 from the 2021 Standing Committee on Access to Information, Privacy and Ethics report on MindGeek, which required that all content-hosting platforms in Canada confirm consent and age before uploading this content.

Bill C-270, the stopping Internet sexual exploitation act, adds two offences to the Criminal Code. The first would require age verification and consent prior to distribution. The second requires the removal of that material if consent is withdrawn.

As such, the petitioners are calling on the House of Commons to quickly pass Bill C-270, the stopping Internet sexual exploitation act.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, I have two petitions to present today.

The first one is from Canadians from across the country who are concerned about how easy it is for young people to access sexually explicit material online, including violent and degrading explicit material. They comment how this access is an important public health and safety concern.

Petitioners also note that in an era in which we say we do not want violence against women, there are serious harms that come from this sexually explicit material including the development of attitudes favourable to the harassment of women and sexual violence. As such, the petitioners are calling on the House of Commons and the government to pass Bill S-210 quickly and forthright.

The second petition comes from Canadians from across the country who are concerned about the age and consent verification of those depicted in pornographic material.

The petitioners are asking the government to follow recommendation 2 from the 2021 Standing Committee on Access to Information, Privacy and Ethics report on MindGeek, which would require that all content-hosting platforms in Canada verify age and consent prior to the uploading of content.

Bill C-270, the stopping Internet sexual exploitation act, would add two offences to the Criminal Code. The first would require age verification and consent prior to distribution. The second would require the removal of that material if consent is withdrawn. As such, the petitioners are calling on the House of Commons and the Government of Canada to pass Bill C-270 to stop Internet sexual exploitation.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, I rise to present a petition from Canadians from across the country, including many of my own constituents, who are concerned about the consent and age verification of those depicted in pornographic material.

The petitioners call on the government to follow recommendation 2 of the 2021 Standing Committee on Access to Information, Privacy and Ethics report on MindGeek, which would require that all content-hosting platforms in Canada verify age and consent prior to uploading content.

Bill C-270, the stopping Internet sexual exploitation act, would add two offences to the Criminal Code. The first would require age verification and consent prior to distribution, and the second would require the removal of material if consent is withdrawn. As such, the petitioners are calling on the Government of Canada and the House of Commons to pass Bill C-270 quickly to stop Internet sexual exploitation.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, the final petition I have today is another petition which calls on the Government of Canada to ensure the quick passage of Bill C-270, the stopping Internet sexual exploitation act.

This bill comes out of recommendation number two from the Standing Committee on Access to Information, Privacy and Ethics report on MindGeek, which requires all content-hosting platforms in Canada to verify age and consent prior to uploading this content.

As such, the petitioners are calling on the House of Commons to pass Bill C-270 quickly and expeditiously.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, the next petition is from Canadians from across the country. They want to draw to the attention of the House of Commons there is no laws requiring makers, distributers or advertisers of commercial pornographic material to ascertain or document the consent or age of those depicted in the material.

They also want to highlight the ethics committee's report on MindGeek, which stated, “That the Government of Canada mandate that content-hosting platforms operating in Canada require affirmation from all persons depicted in pornographic content, before it can be uploaded, that they are 18 years old or older and that they consent to its distribution”.

They want to offer their support to Bill C-270, the stop Internet sexual exploitation act, which would add two offences to the Criminal Code. These would be for creating pornographic material for commercial purpose without verifying the age or obtaining consent of the individual shown, and to distribute pornographic material without verifying the age and consent of those depicted, and also for not removing that material if, in writing, consent is withdrawn.

Finally, they want to recognize the work of organizations such as Defend Dignity, the National Council of Women, the London Abused Women's Centre, the Montreal Council of Women, Parents Aware and the National Child Exploitation Crime Centre. They have all expressed their support for Bill C-270. Therefore, they call on the Government of Canada and the House of Commons to adopt Bill C-270 quickly and expeditiously.

The next petition I have to present comes from Canadians from across the country who are concerned about the age verification that is not happening for those depicted in pornographic material.

The petitioners are also calling for the Government of Canada to ensure that age verification and consent are confirmed prior to distribution. They are also calling on the Government of Canada to pass Bill C-270 quickly and expeditiously.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, I rise today to present a petition from Canadians from across the country, including my own constituents, who are concerned about the age of consent and age verification of those depicted in pornographic material.

The petitioners note that the government should follow recommendation 2 from the Standing Committee on Access to Information, Privacy and Ethics report on MindGeek, which requires that all content-hosting platforms in Canada verify the age and consent prior to that content being uploaded.

Bill C-270, the stopping Internet sexual exploitation act, would add two offences to the Criminal Code. The first would require age verification and consent prior to distribution, and the second would require the content to be removed if the consent is withdrawn. As such, the petitioners are calling on the House of Commons to speedily pass Bill C-270, the stopping Internet sexual exploitation act.

Online Pornography

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, after eight years of the Liberal government, Traffickinghub continues to operate with impunity. New undercover videos confirm that MindGeek continues to profit off these videos of CSAM, sex trafficking and rape. This is what survivors have said all along. The Canadian company is facing nine lawsuits with 195 victims, and these courageous survivors tell me that their fight continues to take these videos down off of MindGeek websites.

I raised this issue over four year ago. In 2020, The New York Times embarrassed the Liberals into acknowledging it. The ethics committee has made over 14 unanimous recommendations, and MPs from all parties have spoken out. The Liberal response has been nothing: no legislation and no justice for survivors. MindGeek's response was to bring on Liberals on their board and change their name. Even Germany is banning MindGeek to protect its kids.

Conservatives have common sense solutions such as Bill S-210 and Bill C-270. Survivors need justice. It is time to bring it home.

Pornography

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, the next petition I have to present is from Canadians from across the country, including many of my own constituents.

The petitioners are concerned about the age of consent and the age verification of those depicted in pornographic material. They are asking that the government follow recommendation 2 of the 2001 Standing Committee on Access to Information, Privacy and Ethics report on MindGeek, which required all content hosted on these platforms to be verified in age and consent prior to uploading it.

Bill C-270, the stopping internet sexual exploitation act, would add two offences to the Criminal Code. The first would require age verification and consent prior to distribution, and the second would require the removal of that material if the consent is withdrawn. As such, the petitioners are calling on the House of Commons to rapidly pass Bill C-270, the stopping internet sexual exploitation act.

Missing and Murdered Indigenous Women and Girls

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Chair, I appreciate the opportunity to participate in this important take-note debate on combatting violence against indigenous women in Canada.

In each parliamentary caucus, we know that there are individual members who share information with each other and who shape our understanding of this particular topic. I want to recognize the member for Kenora, who just spoke, and many other members from our caucus who have contributed to my understanding of these issues, and members of other parties who have given excellent speeches tonight.

I want to express particular gratitude to my friend from Peace River—Westlock, who was such a champion for victims of violence and for indigenous peoples in his riding and beyond. His insights in particular have helped me and have informed my understanding. I have appreciated the legislative initiatives he has brought forward as well. Many important points have been raised by colleagues during this debate. In the brief time I have I do not want to repeat what has been said, but rather try to discuss some new points and some particular initiatives that we can pursue that will make a practical difference in terms of reducing violence against women, in particular, and against all victims.

My colleague from Peace River—Westlock has recently tabled Bill C-270. This bill would require that anyone making, distributing or advertising pornographic material must be able to demonstrate that those depicted in that material are over 18 and have given consent. The same member put forward Motion No. 47 in a previous Parliament to advance a study to examine the public health effects of easy access to violent and degrading sexually explicit materials. These initiatives are an important part of the fight against violence.

The fact that many boys are exposed to violent sexual material at a young age can shape a false perception on their part that violence in the context of sex is normal and desirable. Studying the effects of early exposure to violent sexual images, combatting the depiction of violence and pornography, and requiring meaningful age verification for those accessing pornography would go a long way toward combatting the normalization of sexual violence.

The taking of sexual images of minors, with or without consent, can contribute to cycles of violence and exploitation. Members from various parties have done important work holding Pornhub and other companies accountable for a failure to prevent non-consensual images from appearing on their platform, but more work is needed. The non-consensual distribution of intimate images is a form of violence in itself, and it contributes to further violence.

While private members' bills such as Bill C-270 are important ways of addressing these issues, legislation proposed by the government would have the potential to move much more quickly in this place, and we would welcome government action in this regard. Criminalizing the distribution of intimate images without clear age verification and the confirmation of consent would help to reduce the victimization of children, women and all Canadians.

I also want to highlight the action proposed in Motion No. 57, a motion I tabled in this House a few weeks ago. Motion No. 57 seeks to promote bystander awareness and intervention training as critical tools for combatting violence. Often, when we talk about violence, we think about the role being played by the perpetrator and the presence of the victim, but we need to think more as well about the role of the bystander, the person who is neither the victim nor the perpetrator, but who sees or is aware of the situation and has some capacity to do something about it.

Too often, well-meaning bystanders fail to intervene. Even if they do not lack for good intentions, they could fail to intervene because they do not react fast enough, because they fail to notice what is happening, because they are scared or because they do not know what to do that would be effective. I understand how it can happen and that good, well-intentioned people could fail to intervene, but as the saying goes, the road to hell is paved with good intentions. We can take concrete action to empower bystanders to know how to step up and make a difference, and that means providing potential bystanders with the tools and the information to react quickly.

Motion No. 57 is about asking the federal government to promote training so that more people have the tools and more people would be able to intervene effectively. Data consistently shows that bystander intervention training reduces violence. It may even deter crime if potential criminals are more likely to expect intervention by bystanders. I hope that Motion No. 57, as well as Bill C-270 from my colleague, will have the full support of colleagues and perhaps will be incorporated into government legislation.

We know that acts of violence disproportionately affect the most vulnerable communities that are already disadvantaged as well as victims of colonialism and other forms of violence, past and present. Indigenous women are particularly likely to be victims of violence. It shows up in the data on sexual assault, on all forms of violence and on human trafficking. I believe it is our obligation to address violence in general, to pay particular attention to those who are most likely to be victims, and to work on recognizing universal human dignity and empowering the most vulnerable.

Finally, I would like to emphasize that a great deal of harm has been done to indigenous people because of a lack of esteem and recognition for the value and dignity of the family. The horror of residential schools, in particular, involved children being taken away from their communities, and it also involved children being taken away from their families. This attack on the sacred bond between parents and children by a system that thought it had a right to replace parental authority with state-coordinated enculturation in dominant values was deeply evil. One of the key lessons that we should draw from this era is about the need to preserve and defend the parent-child bond from attacks by the state and by its institutions.