Victoria – To better protect people from the harmful effects of having their intimate images shared without their consent and improve access to justice for survivors of sexualized violence, the Province is introducing the intimate images protection act.
In 2020, Statistics Canada reported an 80% increase in incidents reported to police of non-consensual sharing of intimate images across the country compared to the previous five years.
Between 2014 and 2020, 48% of youth victims of non-consensual distribution of intimate images were victimized by an intimate partner or a friend. For more than 36% of youth victims, the accused was a casual acquaintance.
“For some young people, the embarrassment and ridicule that can come with the distribution of personal, intimate images can be all-encompassing,” said Carol Todd, whose teenage daughter Amanda died by suicide 10 years ago due to cyberbullying and online sexual exploitation. “I hope this legislation helps young people connect to the supports they need to take back control of their lives and from taking action against crimes, such as sexual exploitation, for such a long time.”
The effects of having one’s intimate images shared without consent are wide-ranging and long-lasting. Often, people remain trapped in abusive relationships due to a partner’s threats to distribute intimate images. People who have experienced this type of sexualized violence report feeling depressed, humiliated or grief-stricken. The trauma can become overwhelming.
The legislation covers intimate images, near-nude images, videos, livestreams and digitally altered images, including videos known as deep fakes. If passed, the legislation will create a new, fast-track process for getting a legal decision that an intimate image was recorded or distributed without consent and ordering people to stop distributing or threatening to distribute intimate images. It will provide recourse for minors to pursue legal action to stop the distribution of their private images and will also offer a clearer, legal avenue for lawsuits to seek monetary damages for harms suffered. The legislation streamlines the process for getting images taken off the internet.
Backgrounders
Protecting people from having their intimate images shared without their consent
The intimate images protection act will help people who have their intimate images shared without their consent access the justice they need and get their images off the internet.
If passed, the legislation will:
- create a new, expedited process resulting in legal decisions and orders designed specifically to stop the distribution of intimate images without consent; and a more traditional civil action for survivors to seek monetary damages for harms suffered;
- enable people to apply for decisions and orders on behalf of someone who has died;
- include special provisions to give minors access to the legal tools and remedies designed to stop the distribution of their images;
- require wrongdoers, who are found to have distributed intimate images without consent, to make every reasonable effort to destroy all intimate images and remove them from the Internet, search engines and all forms of electronic communication;
- order any internet intermediaries, such as Facebook, Instagram or other online platforms, to remove the intimate image and de-index it from their search engines; and
- apply retrospectively to the date the act receives first reading by the legislative assembly.
