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All of these companies have complaints processes where problematic content is flagged.
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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. Yet we should pay little heed to this self-serving spin, because in Canada, the law is all that counts. 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.
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For these companies, the real villains are the people who create and update this horrid content. 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. So why does the government believe that it cannot act until new legislation passes? Is the legality of promoting child rape videos somehow ambiguous? Justice Minister Lametti need only dial 911. We don’t need to wait for new legislation. Surely it goes without saying that promoting and profiting from the sexual assault of children is already illegal in Canada. Pornhub recommending child rape videos isn’t a scandal. Yet this response betrays a fundamental misunderstanding of the issue. 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.
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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. The New York Times published a stomach-churning report last week about Pornhub.