People who have had their intimate images or videos shared without consent have new supports to get them off the internet, stop their distribution, and seek monetary compensation.
With the Intimate Images Protection Act coming into force on Monday, Jan. 29, 2024, the Province, in partnership with the Civil Resolution Tribunal, is launching two new services. These services will help people who have had their intimate images shared without their consent quickly access self-help tools to diagnose their legal issues, get information about their rights and connect to supports.
“Circulating or threatening to distribute intimate images is sexualized violence and it can have devastating impacts,” said Niki Sharma, Attorney General. “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.”
Existing criminal and civil legal options have been limited, complex and expensive, and people may feel uncomfortable taking legal action due to stigma. Under this new legislation, the tribunal can now 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 Intimate Images Protection Act reinforces our commitment to have robust enforcement against the unauthorized sharing of intimate images,” said Mike Farnworth, Minister of Public Safety and Solicitor General. “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.”
Distribution without consent can lead to significant financial consequences. The Civil Resolution Tribunal 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.
To ensure that victims have dedicated services to support them, the Province is also launching the Intimate Images Protection Service. This service provides:
- emotional support, information and resources;
- help with applying to the Civil Resolution Tribunal; and
- assistance in communicating protection orders issued by the Civil Resolution Tribunal.
The Intimate Images Protection Service will work collaboratively with the tribunal to ensure trauma-informed information and support is available to victims throughout the process.
“Carson was a 12-year-old boy and nothing seemed to faze him, until one day it did,” said Ryan Cleland and Nicola Smith, the victim’s parents. “He was contacted on social media where they threatened to share his images. He was scared and made a snap decision to end his life. We are two broken parents trying to make sure this doesn’t happen to another family. If this is happening to you, please ask for help. You aren’t alone.”
To access these new services to help them or their loved ones take back control of their intimate images and videos, anyone can now visit online: https://takebackyourimages.gov.bc.ca/
The Intimate Images Protection Act is part of Safe and Supported: Province’s Gender-Based Violence Action Plan and the Safer Communities Action Plan, two of government’s key initiatives to build stronger, safer communities in B.C.
Quotes:
Kelli Paddon, Parliamentary Secretary for Gender Equity –
“No one should ever experience the harmful effects of sexualized violence and of intimate images being shared online without their consent. This new legislation and support services have been brought in to quickly remove the images and will empower those who were exploited to seek monetary damages.”
Darren Laur, chief training officer, The White Hatter –
“It has been an honour to collaborate with the Province on the development of the Intimate Images Protection Act. The new Intimate Images Protection Service and the Civil Resolution Tribunal’s reporting tool demonstrate government’s commitment to help survivors seek civil accountability against their perpetrators.”
Jen Graham, program director, Children of the Street –
“We know that the sharing of intimate images is currently the biggest cause for concern for both students and school staff, when it comes to sexual exploitation. It can cause tremendous pain, distress and harm. No one should be subjected to this abuse. The new reporting tool provides B.C. residents with an effective way to remove intimate images from the internet quickly, while also empowering them to seek justice.”
Quick Facts:
- This legislation covers intimate images, near-nude images, videos, livestreams and digitally altered images, or deepfakes.
- To reduce barriers, those 14 and older can apply to the Civil Resolution Tribunal for a protection order without involving a parent or adult if they choose.
- In 2023, B.C.’s attorney general issued letters to technology companies advising them of the newly enacted Intimate Images Protection Act and their responsibilities under the law.
- 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.
Learn More:
To learn more about how to protect images, visit: https://takebackyourimages.gov.bc.ca/
To learn more about what government is doing to keep kids safe, visit: https://news.gov.bc.ca/releases/2024PREM0004-000088
To learn more about Safe and Supported: B.C.’s Gender-based Violence Action Plan, visit:
https://news.gov.bc.ca/files/SafeandSupported_GenderBasedViolenceActionPlan_Dec2023.pdf
For supports available for survivors of gender-based violence, sexual assault or domestic violence, visit:
https://www2.gov.bc.ca/gov/content/safety/public-safety/domestic-violence
To access resources and research on the online sexual exploitation of children, visit: https://cybertip.ca/en/
For more information about B.C. legislation, visit: https://workingforyou.gov.bc.ca/legislation