According to a Nov. 20 news release, the province’s Non-Consensual Distribution of Intimate Images Act makes it illegal for intimate images to be shared without the subject’s consent.
The proposed changes would “expand the definition of intimate image to include ‘nearly nude,’” states the release.
They would also make it illegal to “take or share” nude or nearly nude images of someone “after their death,” and would make it against the law to threaten to distribute intimate images — a tactic often used as a form of blackmail.
The changes would also make it so courts would have to consider the views of the plaintiff when deciding whether to order a publication ban on a case and would hold websites accountable for failing to take down nude or nearly nude images.
They would also increase victims’ access to “civil remedies” and “acknowledge the use of blackmail in violent intimate partner relationships,” notes the release.
“The distribution and threat of distributing intimate images significantly impacts the health and safety of Manitobans, especially youth, women and girls, and additional safeguards must be put in place to address this ongoing issue,” said Manitoba Justice Minister Matt Wiebe in a statement.
In addition to the amendments, Manitoba’s government is transferring $20,000 from the Federal Proceeds of Crime Fund to the Canadian Centre for Child Protection (C3P). The money, states the release, will support online “prevention programming” in a bid to safeguard children from sexual victimization.
“It will support the Kids in the Know national safety education program, which builds students’ skills to increase personal safety and reduce the risk of online and offline victimization, and Commit to Kids online training for individuals working with children, either through employment or on a volunteer basis,” states the release.
A separate Manitoba government webpage notes that it is illegal in Canada “for a person to distribute an intimate image of another person without that person’s consent.”
According to Canada’s government, the non-consensual distribution of intimate images can occur in situations involving adults and youth, and can be prompted by relationship breakup and cyberbullying.
“During the relationship, the partners may exchange or take intimate photos of themselves for their personal use, but when the relationship breaks down, one of the former partners may provide/distribute the intimate images to the other partners’ family, friends, employers etc., or may post such images on the Internet, in order to seek revenge on their former partner,” states a webpage.
It goes on to state that young people “are increasingly consensually exchanging intimate images, which may later become fodder for humiliating cyberbullying attacks, with these images spreading quickly and often uncontrollably.”
“Often these images are originally intended for an individual or only a small number of other people but are disseminated more widely than the originator consented to or anticipated. The effect of this distribution is a violation of the depicted person’s privacy in relation to images, the distribution of which is likely to be embarrassing, humiliating, harassing, and degrading or to otherwise harm that person.”
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