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Prohibit or Regulate? The Fraser Report and New Approaches to Pornography and Prostitution

NCJ Number
105674
Journal
Osgoode Hall Law Journal Volume: 23 Issue: 1 Dated: (Spring 1985) Pages: 171-194
Author(s)
M Kanter
Date Published
1985
Length
24 pages
Annotation
This paper reviews the political and social context of Canada's Fraser Report on prostitution and pornography, presents and analyzes the report's content, and proposes a deeper framework for addressing the abusive character of pornography and prostitution.
Abstract
In 1983 Canada's Justice Minister announced the creation of the Fraser Committee to study all questions related to pornography and prostitution while amendments were pending to toughen existing Canadia prostitution and pornography laws. The committee was established in response to feminist concerns about the prevalence of degrading images of women and police frustration with trying to control street prostitution. The Fraser Committee has recommended the decriminalization of prostitution and the prohibition only of pornography which depicts physical harm or abuse and sexual activity of children under 18 years old. The committee also recommends the prohibition of pornography distribution to persons under 18 years old. The committee finds no direct connection between exposure to pornography and the commission of violence or sex offenses. The committee favors the use of civil action that focuses on human rights violations inherent in pornography. The latter recommendation is unwise, since it would involve the legal regulation of publications based on subjective responses to images. The prohibition of pornography distribution to adolescents under 18 years old is unrealistic and should not be done. A more fruitful approach to dealing with the abuses of prostitution and pornography is to take steps to equalize power relations between men and women. 81 footnotes.

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