Definition of Terms Relating to Transactions and Transferences

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General Principles

There are several electronic transmission based offences with actions (actus reus) relating the distribution of electronic files.

They include:

Making Available

Making Available and Peer-to-Peer Filesharing
The act of sharing a file through file-sharing software will make out the actus reus of making available.[1] Making available is made out by a person who downloads the file "which is thereafter publicly accessible through file sharing". The only overt act required is that of downloading the file using file sharing software that can make it accessible. There is effectively no difference between this and making the file accessible on a website.[2]

  1. R v Benson 2010 SKQB 459 (CanLII) at para 30
  2. R v Spencer, 2011 SKCA 144 (CanLII) at para 80

See Also