Doxxing, the deliberate online exposure of someone’s private information while lacking consent, is a growing concern in Canada. While there isn’t a specific federal law that directly addresses doxxing, various existing legal frameworks can be applied to this invasive practice. In Canada, several legal provisions can be invoked to address doxxing incidents.
There are situations where doxxing can cause criminal harassment charges to manifest, specifically under Section 264 of the Criminal Code which covers criminal harassment, if it causes the victim to fear for their safety. Included in this provision includes repeatedly following someone, communicating threats, or engaging in other conduct that causes distress. Ultimately, it is the intent behind the act that is less important than the effect it has on the victim.
While online harassment isn’t covered by a specific law, existing laws can be applied to online conduct. For instance, the Criminal Code’s provisions on criminal harassment can be extended to online behavior like doxxing.
If doxxing involves sharing intimate images when you lack consent of the individual being depicted, it constitutes a criminal offense, specifically Section 162.1 of the Criminal Code. This law was strengthened by the Protecting Canadians from Online Crime Act, which aims to tackle the growing issues of cyberbullying and the non-consensual distribution of intimate images.
Another complicating factor, victims of doxxing may pursue civil lawsuits for invasion of privacy or defamation. Civil actions can be taken if the exposed information is false and harms the individual’s reputation. Additionally, if the information was obtained through means that are deemed to be illegal, an example being hacking, it may lead to criminal charges.
Even in considering these legal provisions, the enforcement of these laws against doxxing can be challenging. A complicating factor is the anonymity of the internet, as this can cause difficulty in identifying the perpetrators of doxxing. Further to this rapid dissemination of information online can exacerbate the harm caused. Moreover, the intent behind doxxing, whether for accountability or less appropriate purposes, can influence how legal proceedings in the matter unfold.
While Canada does not have a standalone law designed to address doxxing, there are existing legal avenues, both criminal and civil, that work to provide avenues for victims to seek redress. As online culture continues to change every day in a way that creates growing privacy concerns, there may be legislative changes designed to more specifically combat the issue of doxxing.
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