Makers/producers (including independent creators)
- Must verify and document that each person is 18+ by checking government-issued photo ID or other prescribed documents and keep records as required by regulation (s. 172.11(6); s. 172.13).
- Must obtain written consent from each person shown before making the material (s. 172.11(2)).
- Face fines up to $500,000 and up to 2 years in jail (indictable) or up to $100,000 (summary) for non-compliance (s. 172.11(4)).
- Aggravating factors at sentencing include if a person was under 18 or did not consent, or if the material is obscene or hate-promoting (s. 172.11(7)).
Distributors and platforms (including websites) and advertisers
- Must obtain written confirmation from the maker that every person shown was 18+ at the time of production, consented, and has not withdrawn consent (s. 172.11(3)).
- Must keep records as regulations may require, for a set period to be defined (s. 172.13).
- Corporate entities are presumed to act for commercial purposes (s. 172.11(5)).
- Courts may order removal of offending material and set Internet-use limits for convicted offenders (s. 172.12(1)).
Law enforcement and courts
- Gain new offences to investigate and prosecute (s. 172.11(2)–(3)).
- May impose takedown and Internet restriction orders on conviction, with penalties up to 2 years’ imprisonment for violating those orders (s. 172.12(1)–(4)).
Scope limits and defences
- Applies to “commercial purposes.” Non-commercial creation or sharing is not covered by these new offences, though other laws still apply (s. 172.11(2)–(3)).
- A limited “public good” defence exists (e.g., for acts that serve the public good and do not go beyond that), decided by courts (s. 172.11(8)–(9)).