What is the Intimate Images Protection Act?

On January 29, 2024, the Intimate Images Protection Act, SBC 2023, c 11 (the “Act”), came into force in BC, enacting laws to tackle the non-consensual distribution of intimate images (sometimes known as “revenge porn”). The Act gives British Columbians legal recourse in getting intimate images removed from the internet and a process for holding perpetrators accountable (including compensation claims for victims).

What is an “Intimate Image?”

The Act defines “intimate images” as: a visual recording or visual simultaneous representation of an individual, whether or not the individual is identifiable and whether or not the image has been altered in any way, in which the individual is or is depicted as engaging in a sexual act; nude or nearly nude; or exposing the individual’s genital organs, anal region or breasts. An intimate image can be a photo or video recording (including from an app like Snaptech or a Facetime call).

This definition is wide enough to capture the following types of media: photographs (including those altered by Photoshop), video recordings, live streams, and even AI-generated images or videos (i.e., deepfakes).

Based on the Act, it’s against the law to share an intimate image of someone without their consent if there was a “reasonable expectation of privacy” at the time the image or recording was made and distributed or in the case of a “simultaneous representation” (an image distributed through live transmission like Facetime, whether or not it is recorded) at the time it occurred.

We know this can be a complicated topic. If you have questions about this area of the Act and whether or not a reasonable expectation of privacy existed, our team can help.

You Have Legal Options

If someone has shared, or is threatening to share, an intimate image of you without your consent, you have legal options. These include:

• Getting an intimate image protection order against that person to remove or delete the image(s) from their possession and/or from the internet and to deindex the image(s) from any search engine.
• Getting an intimate image protection order against an internet intermediary (an entity that provides services that enable you to use the internet), other person, or organization (such as Google, Meta, or X/Twitter) to remove or delete the image(s) from their possession and their platform, and to deindex the image(s) from any search engine.
• Getting an order for compensation against someone for distributing or threatening to distribute the intimate image(s) without consent.
• Getting an order for compensation against an internet intermediary for distributing the intimate image(s) without consent. Note: an internet intermediary isn’t liable if they have taken reasonable steps to address the unlawful distribution of intimate images in the use of its services.

There are time limits that apply to claims made under the Act, and the forum in which to seek an order will vary.

Book a Free Consultation

If you have questions or would like to discuss your legal options, fill out the form below to book a free consultation with our experienced civil sexual assault team.