Canada's Spam Act May Impact Adult Companies

TORONTO — Adult webmasters who have affiliates or customers in Canada may feel the sting of a new Canadian anti-spam and online fraud act.

The law, expected to take effect in the fall, has serious implications for any business that sends commercial electronic messages that include email, texts, instant messages or social media messages to customers or suppliers in Canada.

The key part of the act is that businesses could face severe penalties if they send electronic messages without getting the consent of the recipient first.

“Unless the recipient has given consent, or opted-in, to receive the communication, and the message complies with very specific formalities, businesses are going to find it much more difficult to send electronic messages with commercial content,” said Barbara McIsaac, an Ottowa attorney who specializes in privacy and access to information law.

“Businesses, including directors and officers, are facing much greater risk.”

The law also affects businesses that route data through Canadian servers, whether or not that information is intended for Canadian consumers.

2much.net’s Mark Prince told XBIZ he believes it’s good to see a movement against spam and those who engage in this activity, but he’s concerned about the burden of proof that will fall upon smaller hosting companies or service providers should their servers be infiltrated with malware that sends spam.

“Just being accused would cost a small business owner tens of thousands of dollars in legal fees,” Prince said.

“The clear focus in my opinion should be to chase down the businesses that sell the products via spam and the service providers who accept payments from spamming services.”

Under the new law, businesses could face penalties of up to $1 million for individuals and $10 million for organizations.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

TrustyFans Introduces New Blog

Creator directory TrustyFans has introduced an official blog to its site, titled "From Hidden to Hype."

JustFor.fans' Dominic Ford Featured in Wired Magazine

JustFor.fans Founder and CEO Dominic Ford is featured in a new article in Wired Magazine, titled "The Internet Revolutionized Porn. Age Verification Could Upend Everything."

Dr. Charlotte Gaydos Joins ProDx Health Advisory Board

Dr. Charlotte Gaydos has joined the Advisory Board of ProDx Health.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

New AI Companion Platform 'Pornstar.love' Launches

Pornstar.love, a new AI companion platform, has officially launched.

Pineapple Support, Stripchat to Host 'Navigating Thoughts of Suicide' Support Group

Pineapple Support and Stripchat are hosting a free online support group to help performers deal with suicidal ideation.

Plaiir Names Cade Maddox as Lead of Creator Relations

Networking platform Plaiir has appointed Cade Maddox as its new lead of creator relations.

Go.cam Launches 'One-Line Integration' Verification Solution

Go.cam has introduced a one-line code integration for age verification.

XBIZ Amsterdam to Debut 'Behind the Lens' Screening Series

XBIZ is pleased to announce the debut of “Behind the Lens,” a new screening series presenting discussions with noted directors, taking place at the upcoming annual European conference, XBIZ Amsterdam.

'White Rabbit' Party Headed for XBIZ Amsterdam

XBIZ is pleased to announce the White Rabbit Party, an XBIZ Amsterdam special event set to take place Wednesday, Sept. 3.

Show More