According to a press release, the Comic Book Legal Defense Fund has announced it’s forming “a coalition to support the legal defense of an American citizen who is facing criminal charges in Canada that could result in a mandatory minimum sentence of one year in prison for comics brought into the country on his laptop.”
An American computer programmer was flying to Canada to meet a friend last yeas, and his posessions were searched. Comics found on his laptop was declared child pornography. Japanese manga, not photography or similar.
The unnamed individual was charged with posession of child porn and importation into Canada. If found guilty he will be sentenced to aminimum of a year.
What counts as child pornography in such a case will most likely be an issue. Certain manga portray adult characters in child like forms. And there is famous, stereotypical schoolgirl imagery, which causes concern to some and hilarity to others.
Canadian law defines child pornography as;
(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
(i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or
(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years; or
(b) any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offense under this Act.
Defence of such imagery underwill likely involve the wording;
No person shall be convicted of an offence under this section if the act that is alleged to constitute an offence
has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and does not pose an undue risk of harm to persons under the age of eighteen years.
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