Sexting: What's Law Got to Do with It?

Sexting, the phenomenon commonly defined as the sending, receiving, and forwarding of nude, semi-nude, or sexually explicit images within digital forms of communication, is a practice that has received heightened public attention. While many scholars consider consensual sexting to be innocuous and a normative part of development, the potential for youth engagement to result in instances of cyberbullying, revenge porn, and child pornography has ignited public fear and anxiety, resulting in a messy patchwork of legal responses that often yield disproportionately punitive responses. Upon exploring the legal parameters surrounding youth sexting in Canada, this paper will argue that while the logic of the current legislation in protecting youth from harm is appropriate, its method of implementation is misguided. The legal reform advocated here calls upon child pornography and online harm laws only when the case involves an adult perpetrator, and suggests a more nuanced, graduated juvenile scheme when the behavior involves youth sexting participants.