Mr. Speaker, I will be splitting my time with the member for Leeds—Grenville.
I am proud to rise in the House today to speak to this important piece of legislation which would enhance Canada's existing measures to better protect children against sexual exploitation through child pornography.
As the father of five children aged from six to 20 years of age, I can tell the House there is nothing more important to a parent than ensuring the safety of our children and protecting them from dangerous Internet predators. That is one of the top priorities for parents in this new digital era.
Bill C-58 would do so by creating a new national statutory requirement for providers of Internet services to report online child pornography to designated authorities. Ultimately, this new reporting requirement would improve the ability of law enforcement to detect potential child pornography offences, thereby helping to reduce the availability of online child pornography. It would facilitate the identification and rescue of child victims, and help identify offenders for the purpose of investigation and prosecution.
Although Canada's criminal law has specifically prohibited child pornography since 1993 and strengthened these prohibitions in 2002 and 2005, the full impact of the role of the Internet in facilitating the demand for and distribution of this material is really only now becoming better understood. The anonymity and instantaneous worldwide access to such despicable material offered by the Internet are real challenges.
Bill C-58 would apply to those who provide Internet services to the public, requiring them to report to a designated agency tips they receive regarding websites where child pornography may be available to the public. It would also require them to notify police and safeguard evidence if they believed that a child pornography offence had been committed using their Internet service.
Failure to comply with these duties would constitute an offence punishable by graduated fines up to $1,000 for a first offence, $5,000 for a second offence and for subsequent offences the possibility of a fine up to $10,000 or six months' imprisonment or both, for individual offenders. If the offender were a corporation the graduated fines would be up to $10,000, $50,000 and $100,000.
I would highlight that nothing in the legislation would either require or authorize any individual or company to actively seek out incidents of child pornography. In other words, providers of Internet services will not be required to monitor their networks for this type of material.
Our government recognizes the efforts of Canada's major Internet service providers, or ISPs, as they are known, in addressing this serious problem. Most Canadian ISPs have adopted acceptable use policies that outline the rules for using Internet accounts, the conditions for access privileges and the consequences for violating those rules and conditions. Most of these policies allow the ISPs to terminate accounts in cases of unacceptable online behaviour.
Organizations such as the Canadian Association of Internet Providers have also helped to develop standards for the industry, including a code of conduct. In 2003 some Canadian ISPs and police agencies formed the Canadian Coalition Against Internet Child Exploitation to assist law enforcement in addressing online child pornography. One important initiative to come out of such collaboration with ISPs is Project Cleanfeed Canada, which aims to block access to websites that host child pornography. Because the focus of Cleanfeed Canada is on limiting accidental exposure to such images, Cybertip.ca provides to participating ISPs a regularly updated list of Internet addresses associated with images of child sexual abuse.
Most of the major ISPs providing service to almost 90% of all Canadian Internet subscribers are participating in Cleanfeed Canada under a memorandum of understanding with Cybertip.ca. Efforts are being made to expand Cleanfeed Canada to the ISPs that service the other 10% of Canadians. Requiring all providers of Internet services to report child pornography websites will undoubtedly enhance the efficiency of the Cleanfeed Canada program.
Bill C-58 also ensures that all those who provide Internet services to the public are be held to the same reporting standard when it comes to reporting online Internet child pornography.
I would highlight that we anticipate that this new legislation should have a limited impact on the business practices of providers of Internet services who already voluntarily report cases of online child pornography. Bill C-58 was drafted in a manner that closely reflects the current practices of Canada's major ISPs.
Bill C-58, however, covers more than just a typical ISP. The term ISP, or Internet service provider, usually refers to someone who provides access to the Internet. This act applies to all those who provide an Internet service to the public. While this does include access providers, it also includes those who provide electronic mail services such as webmail, Internet content hosting services and social networking sites.
This legislation complements our existing comprehensive strategy to combat child sexual exploitation in Canada. This strategy includes an impressive array of existing Criminal Code provisions as well as recent legislative initiatives currently before the House such as Bill C-46, An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, and Bill C-47, An Act regulating telecommunications facilities to support investigations.
If adopted, these proposed pieces of legislation would help ensure that law enforcement and national security agencies have the tools they need to fight crimes such as child pornography in today's high tech environment. This government also recognizes that more is needed to combat this scourge than just strong criminal laws.
That is why, in December 2008, we renewed the federal government's national strategy to protect children from sexual exploitation on the Internet. Initially launched in 2004, this national strategy is providing $42.1 million over five years to the RCMP's National Child Exploitation Coordination Centre to provide law enforcement with better tools and resources to address Internet-based child sexual exploitation, enhance public education and awareness and support the 2005 national launch and ongoing operation of Cybertip.ca as a national 24/7 tipline for reporting the sexual exploitation of children on the Internet.
As announced in budget 2007 and rolled out in 2008, our Conservative government has allocated an additional $6 million per year to strengthen initiatives to combat the sexual exploitation and trafficking of children. These funds are being used to augment the overall capacity of the NCECC as well as to specifically enhance its ability to identify and ultimately rescue child victims through the analysis of images seized from sex offenders that are captured on the Internet or received from international law enforcement agencies.
I hope the House understands just how important this legislation is. Bill C-58 will further enhance collaboration between the Internet service industry and law enforcement, resulting in greater protection for our children from online sexual exploitation in today's technological environment. I urge the House to give this bill its full support.