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Current version: in force since Jun 16, 2023
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Citation to this version:
Intimate Images Unlawful Distribution Act, SNB 2022, c1, <https://canlii.ca/t/563w7> retrieved on 2024-07-16
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This statute is current to 2024-01-01 according to the New Brunswick Acts and Regulations Web site
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Amendments to this statute since 2023
Volume, chapter
SNB 2023, c 17
An Act Respecting the Demise of the Crown (Bill 44, assented to 2023-06-16)
1The following definitions apply in this Act.
“Internet intermediary” means an entity that hosts or indexes third party content through an online platform for a commercial purpose.(intermédiaire Internet)
2A person who distributes or threatens to distribute an intimate image in relation to which a person has a reasonable expectation of privacy commits a tort that is actionable without proof of damage.
Eligibility for relief – reasonable expectation of privacy
Burden of proof – reasonable expectation of privacy
4(1)In an application under section 5, the respondent has the burden of proving that the applicant did not have a reasonable expectation of privacy in relation to the intimate image at the time the visual recording was made and, if the visual recording has been distributed, at the time it was distributed.
4(2)In an action under section 6, the defendant has the burden of proving that the plaintiff did not have a reasonable expectation of privacy in relation to the intimate image at the time the visual recording was made and, if the visual recording has been distributed, at the time it was distributed.
Application for relief
5(1)If a person who is eligible under subsection 3(1) makes an application to the court for relief, the court may make a declaration or order under subsection (2) if it is satisfied that
5(2)In respect of an application under subsection (1), the court may do any one or more of the following:
5(3)If a person who is eligible under subsection 3(1) makes an application to the court for relief, the court may make a declaration or order under subsection (4) if it is satisfied that
5(4)In respect of an application under subsection (3), the court may do any one or more of the following:
Action claiming relief
6(1)If a person who is eligible under subsection 3(1) brings an action claiming relief, the court may make a declaration or order under subsection (2) if it is satisfied that
6(2)In respect of an action under subsection (1), the court may do any one or more of the following:
6(3)If a person who is eligible under subsection 3(1) brings an action claiming relief, the court may make a declaration or order under subsection (4) if it is satisfied that
6(4)In respect of an action under subsection (3), the court may do any one or more of the following:
Defences to an action claiming relief
8(2)The distribution of an intimate image is not made in the public interest solely because the person depicted in the intimate image is a public figure.
Consent revocable
9(1)If a person depicted in an intimate image in relation to which they had a reasonable expectation of privacy consents to the distribution of it, and later revokes that consent and communicates that revocation to a person who distributed the intimate image, the person who distributed the intimate image must make every reasonable effort to make the intimate image unavailable to others.
9(3)A person who does not make every reasonable effort under subsection (1) is liable for damages for any injury resulting from the failure to make that effort.
10In an application under section 5 or an action under section 6, the court shall order a ban on the publication of the name of the applicant or the plaintiff, as the case may be, or any other information likely to identify the applicant or plaintiff, unless the applicant or plaintiff requests that there not be a publication ban.
Internet intermediaries – immunity
11(1)No application or action may be brought against an Internet intermediary if the Internet intermediary has taken reasonable steps to address unlawful distribution of intimate images in the use of its services.
11(2)Nothing in this section limits the court’s authority under subsection 5(2) or 6(2) to make an order against an Internet intermediary or other person.
12The rights and remedies under this Act are in addition to any other right or remedy that may be available.