Missing Privacy Through Individuation: The Treatment of Privacy in the Canadian Case Law on Hate, Obscenity, and Child Pornography

Jane Bailey, "Missing Privacy Through Individuation: The Treatment of Privacy in the Canadian Case Law on Hate, Obscenity and Child Pornography", 31 Dalhousie Law Journal 55, 2008

30 Pages Posted: 16 Jun 2013

See all articles by Jane Bailey

Jane Bailey

University of Ottawa - Common Law Section

Date Written: 2008

Abstract

Privacy is approached differently in the Canadian case law on child pornography than in hate propaganda and obscenity cases. Privacy analyses in all three contexts focus considerable attention on the interests of the individuals accused, particularly in relation to minimizing state intrusion on private spheres of activity. However, the privacy interests of the equality- seeking communities targeted by these forms of communication are more directly addressed in child pornography cases than in hate propaganda and obscenity cases. One possible explanation for this difference is that hate propaganda and obscenity simply do nor affect the privacy interests of targeted groups and their members. In contrast, this paper suggests that this difference in approach reflects the adoption of an individualistic approach to privacy that may unnecessarily place it in tension with equality. In so doing, it sets the stage for an exploration of more social approaches to privacy that may better enable exploration of privacy's intersections with equality and its collective value to the community as a whole.

Keywords: privacy, case law on child pornography, child pornography, Canada, privacy and hate propaganda, privacy and obscenity, interests of accused, individualistic approach to privacy, social approaches to privacy, equality

Suggested Citation

Bailey, Jane, Missing Privacy Through Individuation: The Treatment of Privacy in the Canadian Case Law on Hate, Obscenity, and Child Pornography (2008). Jane Bailey, "Missing Privacy Through Individuation: The Treatment of Privacy in the Canadian Case Law on Hate, Obscenity and Child Pornography", 31 Dalhousie Law Journal 55, 2008. Available at SSRN: https://ssrn.com/abstract=2279618

Jane Bailey (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 ext. 2364 (Phone)
613-562-5124 (Fax)

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