profile

An Adult Sanctuary: 2

In part one we looked at the motivations of Americans – especially producers of adult materials – contemplating a possible move to Canada. In today's conclusion, we'll look at the realities of relocating in order to escape US laws.

"When it comes to plain vanilla depictions of sexual activity between heterosexuals or homosexuals, I think that Canada is generally more tolerant than large swathes of the United States — for example, the South and the conservative heartland of the country," Piccionelli said. "But when it comes to material that includes depictions of violence against women, I think that Canada is going to end up being less tolerant. I think the most discernible and important difference between American and Canadian obscenity law is that in Canada, what can be obscene can be anything that is considered to be humiliating or degrading to women. If S&M material is said to be degrading to women, I think Canada is going to be a lot less tolerant than the United States."

John Wirenius, legal counsel for the National Coalition for Sexual Freedom, warns adult-oriented entrepreneurs that even if they move to Canada, they still need to be aware of American obscenity laws as long as they're doing business in the United States.

Borderless Laws
"The concept of moving to Canada to escape U.S. obscenity laws is one of those ideas that sounds a lot better than it would play out in the real world, because as long as you're still doing business with American consumers, you are doing business in U.S. jurisdictions," Wirenius said. "Because you're in a different nation physically, that would make it more of a nuisance for the United States government to bring you in; and in that sense, it would make American officials less likely to make you the poster boy for prosecution. But they could. Canada and the United States have an extradition agreement."

Journalist Marc Cromer, who has covered sexual issues extensively for Hustler and others, argues that when all is said and done, adult entertainment providers have a powerful weapon in the U.S. that they don't have in Canada: the First Amendment.

"Canada prides itself, foolishly, I think, on being far more European in its allegedly progressive prerogatives than its big cousin to the south," Cromer said. "The Canadian government pretends to pursue an egalitarian agenda, all the while [demonstrating] that it has no faith in the people to make their own decisions as to what is offensive and what is not."

In Vancouver, Ince created a controversy when he hosted a live sexual performance in an art gallery, during which a couple had sex in front of an audience while an art piece was created based on their performance. Vancouver police wanted to arrest Ince, but prosecutors decided to leave him alone. However, Ince fears that there might have been a different outcome in another part of Canada or in an American city. The Canadian attorney stressed that both the U.S. and Canada still have a long way to go when it comes to sexual freedom.

"It's not like the laws are so tolerant of adult entertainment in Canada compared to the United States that it would make a switch sensible," Ince said. "There may be other benefits in coming to Canada such as cheaper production costs or a ready supply of new talent, but those are purely economic reasons that have nothing to do with the laws. Just on a pure legalistic basis, I can't see a tremendous advantage for an American adult entertainment company to uproot itself and move to Canada."

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 Articles

profile

WIA Profile: Reba Rocket

As chief operating officer and chief marketing officer of Takedown Piracy, long at the forefront of intellectual property protection in adult entertainment, Rocket is dedicated to safeguarding the livelihoods of content creators and producers while fostering a more ethical and sustainable industry.

Women In Adult ·
opinion

Protecting Content Ownership Rights When Using AI

In today’s digital age, content producers have more tools at their disposal than ever before. Among these tools, artificial intelligence (AI) content generation has emerged as a game changer, enabling creators to produce high-quality content quickly and efficiently.

Corey D. Silverstein ·
opinion

How Payment Orchestration Can Help Your Business

An emerging payment solution is making waves in the merchant world: the payment orchestration platform (POP). It’s quickly gaining traction as a powerful tool for managing online payments — but questions abound.

Cathy Beardsley ·
opinion

Fine-Tuning Refund and Cancellation Policies

For adult websites, managing refunds and cancellations isn’t just about customer service. It’s a crucial factor in maintaining compliance with the regulations of payment processors and payment networks such as Visa and Mastercard.

Jonathan Corona ·
profile

WIA Profile: Laurel Bencomo

Born in Cambridge, England but raised in Spain, Laurel Bencomo initially chose to study business at the University of Barcelona simply because it felt familiar — both of her parents are entrepreneurs. She went on to earn a master’s degree in sales and marketing management at the EADA Business School, while working in events for a group of restaurants in Barcelona.

Women In Adult ·
profile

Gregory Dorcel on Building Upon His Brand's Signature Legacy

“Whether reflected in the storyline or the cast or even the locations, the entertainment we deliver is based on fantasy,” he elaborates. “Our business is not, and never has been, reality. People who are buying our content aren’t expecting reality, or direct contact with stars like you can have with OnlyFans,” he says.

Jeff Dana ·
opinion

How to Turn Card Brand Compliance Into Effective Marketing

In the adult sector, compliance is often treated as a gauntlet of mandatory checkboxes. While it’s true that those boxes need to be ticked and regulations must be followed, sites that view compliance strictly as a chore risk missing out on a bigger opportunity.

Jonathan Corona ·
opinion

A Look at the Latest AI Tools for Online Safety

One of the defining challenges for adult businesses is helping to combat the proliferation of illegal or nonconsensual content, as well as preventing minors from accessing inappropriate or harmful material — all the more so because companies or sites unable or unwilling to do so may expose themselves to significant penalties and put their users at risk.

Gavin Worrall ·
opinion

Know When to Drop Domains You Don't Need

Do you own too many domains? If so, you’re not alone. Like other things we accumulate, every registered domain means something to us. Sometimes a domain represents a dream project we have always wanted to do but have never quite gotten around to.

Juicy Jay ·
opinion

Understanding 'Indemnification' in Business Contracts

Clients frequently tell me that they didn’t understand — or sometimes, even read — certain portions of a contract because those sections appeared to be just “standard legalese.” They are referring, of course, to the specialized language used in legal documents, including contracts.

Corey D. Silverstein ·
Show More