B.C. law protecting intimate images now in force

By Ian Burns ·

Law360 Canada (January 30, 2024, 1:48 PM EST) -- B.C.’s legislation protecting intimate images has come into force, giving people who have had images or videos shared without their consent new avenues to get them off the internet, stop their distribution and seek compensation.

The Intimate Images Protection Act, which passed the B.C. legislature last year, came into effect Jan. 29 and gives the Civil Resolution Tribunal (CRT) power to order a person, a social media company or website to stop distribution and remove an intimate image from its platform. These applications can be made without notice and without naming a respondent. The legislation covers intimate images, near-nude images, videos, livestreams and digitally altered images, or deepfakes.

“Circulating or threatening to distribute intimate images is sexualized violence, and it can have devastating impacts,” said Attorney General Niki Sharma. “We are creating more legal options so that victims can get the justice they deserve on their own terms and making sure they have the tools and support to regain control of their lives.”

Distribution of images and videos without consent can lead to significant financial consequences. The CRT can order someone to pay fines of as much as $500 per day, if it is an individual, or as much as $5,000 per day, if it is a website, for not following the order to stop sharing. In Provincial Court, perpetrators can be ordered to pay significant damages of between $5,000 and $35,000, and the Supreme Court can award damages of more than $35,000.

“[The Act] reinforces our commitment to have robust enforcement against the unauthorized sharing of intimate images,” said Minister of Public Safety and Solicitor General Mike Farnworth. “We are equipped to address these violations swiftly and effectively, enabling victims to stop the distribution of their intimate images and take back control. Perpetrators face stricter penalties, sending a clear message that this crime will not be tolerated.”

The province has also launched the Intimate Images Protection Service, which provides emotional support, information and resources such as help with applying to the CRT and assistance in communicating protection orders. Click here to access these new services.

If you have any information, story ideas or news tips for Law360 Canada please contact Ian Burns at Ian.Burns@lexisnexis.ca or call 905-415-5906.