In the past couple of years, we’ve observed a shift in the language used by some in the child protection and digital literacy education community to describe nude images shared by young individuals as “Self-Generated Child Sexual Abuse Material” (SG-CSAM), rather than using terms such as sexts, nudes, or intimate images.
This change is partly in response to recent events in Canada specific to teen sexting, particularly the tragic case of a 12-year-old boy in British Columbia who took his own life after falling victim to sextortion. We get it – the intention behind using the label SG-CSAM is to highlight the severity of what can happen with these intimate images once a teen hits the send button. However, we believe that labeling the sharing of all teen intimate images, regardless of the circumstances, as SG-CSAM may paint a misleading picture of illegality.
Certainly, in cases where a teen is manipulated or coerced into providing a self-generated intimate image that is later abused or exploited, using the SG-CSAM label is appropriate from a legal standpoint. However, what about situations where two teens in a legal, consensual, and non-exploitative relationship share intimate images within the privacy of that relationship? Should these images be labeled as SG-CSAM? Our position is a firm NO!
In fact, the Supreme Court of Canada has made it clear in various decisions that teen intimate images shared within a “consensual, lawful, and non-exploitative” relationship falls outside the scope of Canadian laws regarding the production, distribution, and possession of CSAM (R v Sharpe SCC, R v Barabash SCC, and R v MB BCCA).
The challenge with applying the label “SG-CSAM” to “all” youth-based intimate images is that it creates a perception in the minds of young individuals, and even their parent or caregiver, that what they did, regardless of the circumstances, was illegal, and they could potentially face arrest. This is just not true in Canada! Notice we stated “Canada” given that laws may be different in other countries.
If our goal is to encourage young people to confidently reach out to parents, caregivers, educators, or the police, it becomes counterproductive to apply the SG-CSAM label indiscriminately to all instances of self-generated intimate images. This is particularly evident when considering a teenager’s genuine apprehension about potential legal consequences associated with using such a label when sharing their intimate image or video. The concern is heightened, especially in cases where the exchange of intimate images is lawful and consensual within the privacy of a teen relationship, that is devoid of any abuse or exploitation.
Again, we emphasize that when a self-generated intimate image is used in an abusive, exploitative, and/or criminal manner, the label “SG-CSAM” from a legal perspective makes sense. However, when these same intimate images are shared within a legal, private, consensual teen relationship where there is no abuse or exploitation, our position, based upon Canadian case law is that such a label should not be used.
If we want our children to make informed decisions, it is crucial to provide them with open, transparent, and truthful information, particularly regarding the legal aspects of sharing intimate images. This empowers them to make thoughtful and informed choices before pressing the send button, or when considering the decision to connect with a parent, trusted adult, or the police when things go wrong. The significance of the language we use holds great power, not only for our youth but also for us adults as well – words matter!
Digital Food For Thought
The White Hatter