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Thu., Dec. 10, 2020 timer 3 min. read
Daniel Bernhard is executive director of FRIENDS of Canadian Broadcasting. Twitter: @friendscb
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The New York Times published a stomach-churning report last week about Pornhub. The Montreal company is the undisputed global leader in online pornography, but it also has a habit of disseminating criminal videos, including of children as young as 14 being sexually assaulted.
In Ottawa, the opposition is asking urgent questions about how this could happen in Canada, and the government is adamant that it will introduce legislation to address the issue of online hate after the House returns from its Christmas break.
Yet this response betrays a fundamental misunderstanding of the issue.
Pornhub recommending child rape videos isn’t a scandal. It’s a crime. Surely it goes without saying that promoting and profiting from the sexual assault of children is already illegal in Canada.
We don’t need to wait for new legislation. Justice Minister Lametti need only dial 911.
So why does the government believe that it cannot act until new legislation passes? Is the legality of promoting child rape videos somehow ambiguous?
That’s exactly what the platforms would have us believe, reflecting just how successful they’ve been at framing the discussion in Ottawa to fit their interests. For these companies, the real villains are the people who create and update this horrid content. Pornhub and Facebook would have you believe that they can make illegal content globally available, recommend it to people who didn’t ask to see it, and rake in unholy sums of money by selling ads against this content without being legally responsible for it. It’s quite something.
Yet we should pay little heed to this self-serving spin, because in Canada, the law is all that counts. And according to a recent legal analysis , disseminators like YouTube, Facebook and Pornhub are liable under Canadian law for spreading harmful content produced by others, if they know about it in advance and disseminate anyway, or if they are notified afterwards and fail to remove it.
The latter case is clear cut. All of these companies have complaints processes where problematic content is flagged. Yet despite this awareness, Canadian politicians, judges, prosecutors and police officers fail to apply the law.
We could stop there, but the platforms’ responsibility runs deeper still. Facebook, YouTube and Pornhub are not dumb repositories of user-generated content. They are hyper-personalized recommendation engines. Much attention is paid to the nefarious ways in which these firms harvest our personal data to ascertain our interests. But that data is useless by itself. To maintain our attention and show us ads, they must know our interests and which content matches our interests. Only then do they decide what to show us and what to hide.
That sounds like an editorial decision, because it is. So why is it that a broadcast CEO would go to jail if her editor-in-chief put child rape videos on TV, but a tech CEO that outsources this exact task to an algorithmic editor-in-chief does not?
Canada must restore the rule of law online, and quickly, because Canadians are suffering real and irreversible harms — children especially. Pornhub’s child rape video business is not an outlier. The internet is awash in child sexual abuse material. The FBI now receives over 100,000 reports of such imagery every day, most of it on Facebook. The volume of complaints is now so high that they only have enough resources to investigate cases involving infants and toddlers.
Remember that next time the platforms’ willing and witless defenders argue that holding platforms liable for promoting illegal content would unduly restrict our freedom of expression. We’re not talking about “awful but lawful” content. We’re not in a grey area. When companies like Pornhub and Facebook are found to profit from clearly illegal activity, they should be prosecuted vigorously.
American-style free speech fundamentalists might argue that anybody should be able to post anything anywhere, but that’s not who we are as Canadians.
We must start by declaring that these harms are unequivocally unacceptable. And we can prove our sincerity by immediately and unreservedly enforcing our laws. Canada should hold the likes of Facebook and Pornhub fully liable for the myriad harms they inflict on our country, our democracy, and most unforgivably, our children.
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Why did one teenager face 90 years in jail for viewing porn?
Jan. 12, 2007— -- Sixteen-year-old Matthew Bandy was about as normal a teenager as you could find. He actually liked hanging out with his family.
"He was a happy-go-lucky kid," said his mother, Jeannie Bandy. "Very personable, and big-hearted. I sound like a boastful mom, but I guess the biggest thing is that he could always make me laugh."
"We went on vacations and had a lot of fun together," Matthew said. "I just enjoyed the life I was living. But after I was accused, everything changed."
What was Matthew Bandy accused of? Jeannie and Greg Bandy were shocked to discover that their son was charged with possession of child pornography.
One December morning two years ago, Matthew's life took a dramatic turn. In an exclusive interview with "20/20," the Bandy family reveals how the world as they knew it came crumbling down, and how Matthew's life has since changed.
It has been two years since police officers stood at the doorstep of the Bandy home with a search warrant bearing a devastating charge -- possession of child pornography.
"It was 6 a.m. It was still dark…there was this pounding at the door," Jeannie Bandy said. "I was petrified."
Police officers stormed into the house with guns pointed. "The first thing I thought was, someone's trying to break in our house," Matthew said. "And then there [were] police officers with guns pointed at me, telling me to get downstairs."
Greg Bandy was handed the search warrant and informed that the central suspect was Matthew. According to the warrant, nine images of young girls in suggestive poses were found on the Bandy family computer. Yahoo monitors chat rooms for suspicious content and reported that child porn was uploaded from the computer at the Bandys' home address.
"When they asked me have you ever looked up or uploaded or downloaded erotic images of minors, I was just taken aback and…I said, 'No,'" says Matthew.
Nevertheless, Matthew did have an embarrassing confession. He had been sneaking peaks at adult erotic photos on the family computer. "I got the Web site from a bunch of friends at school. [It was] just adult pornography…Playboy-like images."
Difficult to admit, but not illegal -- or so it seemed. Still, it didn't look good for Matt, as police confiscated the computer and left the house that December day. A family was shattered.
"I still remember when they were cleaning up and leaving and of course I was still in my pajamas and my bathrobe and my fuzzy slippers," Jeannie Bandy said. "I said, 'What do we do now? Should I contact a lawyer?' [The police officer] said, 'Well, they are felonies that the state takes very serious.'"
The Bandys would soon find out just how serious the charges against Matthew were. The family hired Ed Novak, a well-respected attorney from a large law firm in downtown Phoenix.
"20/20" correspondent Jim Avila asked Novak what the family was up against.
"We faced 10 years per count, there were nine counts," said Novak. "If Matt was convicted, those sentences would have to be served consecutively. In other words, he would have been sentenced to 90 years in prison. He would have served time until he died."
Greg and Jeannie Bandy knew their son well. They were shocked at the serious charges against him and frightened by the prospect of such a serious sentence.
"He's never done any drugs," Greg said. "He never drank a drop of alcohol. He's never been a problem, never stayed out late and gotten into trouble or anything like that."
Arizona child pornography laws are among the harshest in the country. As soon as Matthew was charged, he was put on virtual house arrest, and an electronic bracelet was attached to his ankle to monitor his movements 24 hours a day.
"It was just terrifying. I didn't know what was going on. I didn't know why it was happening," Matthew recalled.
Matthew was in an awful predicament, and he tried to keep his house arrest a secret. He wore longer pants to hide the ankle bracelet, but he was scared he would be discovered.
"Yes, I was very scared," he said. "If they found out that I was wearing an ankle bracelet all of a sudden they would be wondering, why are you wearing that? And I had no good answer for them."
The shy young boy could not explain how such pictures appeared on his computer hard drive. The stress of the situation got so bad for Matthew that he told his parents the charges hanging over his head made high school impossible.
"He said 'Mom, I'm hurting,'" said Jeannie. "'I can't sleep. I don't want to disappoint anybody, but I just can't go on anymore.'"
Matt's dreams had been destroyed and his mother was crushed. And even though there was no proof that Matthew personally downloaded those nine pictures, it would be difficult to prove his innocence. Novak said that the pictures alone were practically all the evidence the police needed.
"I thought his chances of winning were probably 20 percent," said Novak.
"They didn't care that I denied it," Matthew said. "They just kept on asking me and kept on thinking that I did it. They just had it built into their mind that this kid is guilty."
What is so frightening about Matt's case? It could happen to anyone.
"The computer had accessed a 'Yahoo' account where there was child pornography," Andrew Thomas, Maricopa County district attorney said. "That was the basis for the search warrants issued by a court."
Yet, the evidence submitted by the Phoenix police department did not identify a specific user. Matt's clean reputation, his good grades and protective family could not stand up to the cold fact that child porn was on that computer. The police and the district attorney had the incriminating photos from the Bandys' computer and the prosecutors were determined to send Matt away.
Matthew Bandy found himself outmatche
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