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15-Feb-2020 07:54

Although we have yet to witness the prosecution of teenagers for scenarios that fall within the exemption’s parameters, or for consensual distribution that falls outside of these parameters, we have seen the development of numerous anti-sexting campaigns by police and child protection agencies which decry the very possibility of consensual and ‘safe sexting’, let alone the affordances of the practice as acknowledged by the Supreme Court [9,10].

In this article, we argue against the construction of youths’ ‘risqué imagery’ as inherently risky and thus potentially subject to legal censure 6.

This caution is repeated in an undated “Message from your Local RCMP” which reads: “minimum sentences for child pornography offences can be jail time.

In Part II, we suggest that research examining consensual adolescent sexting and young people’s rights to freedom of expression consider alternative theoretical frameworks, such as queer theories of temporality, when calculating the risk of harm of adolescent sexual imagery.

The criminalization of consensual teenage sexting—defined here as the creation and distribution of nude, semi-nude and sexually explicit imagery via digital means—is now well documented in the US and Australia 1.

Canadian policing and child protection agencies have emphasized the risks of sexting since 2005 when—Canada’s national tipline for reporting the online sexual exploitation of children—issued a public alert about “the growing trend of young girls posing nude for webcams and the distribution of the resulting photos and videos on the Internet” [10,25].

Subsequently, provincial and federal policing units across Canada released warnings about the myriad risks that sexting poses for both teens and their parents.

Nevertheless, neither the sheer number of sexual partners one has, nor the nature of the sexual relations that one engages in (straight/queer) is inherently harmful.

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