British Columbia

Intimate Images Protection Act

What you should know:

• The Act defines “intimate image” as a visual recording or live transmission (whether or not it is recorded) of a person, whether or not the person is identifiable and whether or not the image has been altered in any way, where the individual is or is depicted as:
• Engaged in a sexual act,
• Nude or nearly nude, or
• Exposing their genital organs, anal region, or breasts

and the individual had a reasonable expectation of privacy,

• At the time the recording was made, and if distributed, at time of distribution; and
• In the case of a live transmission, at the time the transmission happened.
• Note: Under this Act, distributing an intimate image means transmitting, publishing, or otherwise making the image available.

What you can do:

• Under this Act, you may apply for a protective order or claim damages through either a court or the BC Civil Resolution Tribunal (depending on the relief sought), if a person has distributed an intimate image of you without your consent or has threatened to distribute an intimate image of you.
• The following are protective orders and other remedies a court or the tribunal may make if your intimate image has been distributed:
  • Determine that the image was distributed without consent and/or that the distribution was unlawful;
  • Order the person who distributed the image to:
    • Delete or destroy all copies of the image in the person’s possession or control,
    • Make every reasonable effort to make the image unavailable to others by:
      • having the image removed from any platform operated by an internet intermediary¹ (social media site, website, etc.); and
      • having the image de-indexed from any search engine;
  • Order an internet intermediary to:
    • Remove the image from any platform, app, software, database, or communication method operated by them, and
    • De-index the intimate image from any search engine;
  • Order any person to provide the judge or the tribunal with any information that can help them achieve the removal, deletion, destruction, or deindexing of the image;
  • Make any other order that is just and reasonable;
  • Order the person who distributed the image to pay damages to you. The tribunal can order damages up to $5,000. Larger claims must be brought to a court.
• The following are protective orders and other remedies a court or the tribunal may make if a threat is made to distribute your intimate image:
  • Determine that a threat was made and/or determine that the threat was unlawful;
  • Instruct the individual who made the threat not to distribute the image;
  • Order the individual who made the threat to destroy all copies of the intimate image in their possession or control;
  • Make any other order that is just and reasonable;
  • Order the person who made the threat to pay you damages to you. The tribunal can order damages up to $5,000. Larger claims must be brought to a court.

Other important things to know:

• Under this Act, a person who distributes or threatens to distribute your intimate image commits an unlawful act that is actionable without proof of damage.
• Your consent is revocable. If you consented to the distribution of your intimate image and you later revoke that consent, and you communicate the revocation to a person who distributed your image, that person must make every reasonable effort to make your image inaccessible to others.
• Specific persons may make an application on behalf of a deceased individual respecting an image in which the individual is depicted. If you are under 19, you must have a litigation guardian² to make a claim for damages.
• If you are 14 or older, you may make an application for a protection order (not damages) from the Civil Resolution Tribunal on your own OR with a trusted adult as your representative.
• If you are 12 or 13, you may authorize a trusted adult make an application for a protective order (not damages) from the Civil Resolution Tribunal on your behalf.
• If you are under 12, you can only make a claim through a litigation guardian.³
• An internet intermediary is not liable (i.e. accountable) if they have taken reasonable steps to address unlawful distribution of intimate images on their services;
• There are defenses available under this Act. Specifically:
  • A person is not liable for damages if the person can prove that the distribution of the image was made in any of the following circumstances:
    • the person had (or honestly and reasonably believed that the person had) the consent of the individual depicted in the image to distribute the image at the time of distribution and to the extent consented to;
    • the distribution was made in the public interest (distributed in good faith where it is impractical to obtain consent for: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted) and distribution did not extend beyond the public interest.
      • Note that the Act states that distribution is not in the public interest solely because the person depicted in the intimate image is a public figure.
  • It also appears that if the person can prove that they had consent to distribute the image, the remedies normally available may not be.
• Under the Act, the court or tribunal generally must make an order prohibiting the publication of your name or any information that may identify you. If you are an adult, you may request no such prohibition, and the court or tribunal will not impose it unless there are other reasons to protect your identity.
  • Note: Where the intimate image is of a minor, the Act provides for an automatic publication ban that remains in effect even after the minor reaches the age of 18 – once the minor is an adult, they can ask the court or tribunal to cancel the ban. There is also an automatic publication ban on information that could identify the party responding to your application if that person is a minor or there are other reasons to protect their identity.
• It is the responsibility of the person who distributed or threatened to distribute the image to prove that you did not have a reasonable expectation of privacy over the image (the court or the tribunal will start by assuming you have a reasonable expectation of privacy).
• If you take action against a person for distributing or threatening to distribute an intimate image of you and the court or tribunal rules in your favor and you believe they will not do what they were told, you can apply to a superior court (not the tribunal) for injunctive relief. This means the court will make further orders against the other person in an attempt to ensure they do as the lower court or tribunal instructed them to.
• The tribunal may issue a fine against a person (maximum fine of $10,000) or internet intermediary (maximum fine of $100,000) who fails to comply with a protective order.

Who to contact for more information about this Act:

• The Intimate Images Protection Service supports people in B.C. who have had their intimate images shared without their consent.
• The B.C. Civil Resolution Tribunal website offers information about legal options and how to make a claim under the Act.
• VictimLinkBC offers information and referral services, 24 hours a day every day. It also offers immediate crisis support for victims of sexual violence.
• Connect with a lawyer. Access Pro Bono has a Lawyer Referral Service and may be able to assist you with finding a lawyer where you live.
• Connect with LEAF's Technology Facilitated Violence Project, an academic project that discusses alternative legal responses to technology-facilitated violence.
• The Victim Services & Violence Against Women Program Directory provides contact information for service providers across British Columbia that assist victims of crime and women and children impacted by violence.
• If you are under 19, the Society for Child & Youth BC provides legal support for young people in certain matters.

1. 1 An internet intermediary generally refers to a company that facilitates the use of the Internet; such companies may include internet service providers, search engines, and social media platforms.
3. 2 The BC Civil Resolution Tribunal states that a litigation guardian is usually a parent or legal guardian.
5. 3 The BC Civil Resolution Tribunal states that a litigation guardian is usually a parent or legal guardian.

Alberta

Protecting Victims of Non‑Consensual Distribution of Intimate Images Act

What you should know:

• This Act defines an intimate image as a visual recording of a person made by any means (including a photograph, film, or video recording) in which:
• the person depicted in the image is nude, or is exposing their genital organs or anal region or breasts, OR is engaged in explicit sexual activity;
• the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
• if the image has been distributed, the person depicted in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
• Note: Under this Act, distributing means knowingly publishing, transmitting, selling, advertising, or otherwise making the image available to a person other than the person depicted in the image.

What you can do:

• Under this Act, you may bring a civil action, even without proof of damage, if a person has distributed an intimate image of you knowing that you did not consent to the distribution, or if the person was reckless as to whether or not you consented to the distribution.
• In an action under this Act, the court may
• award damages to you;
• order the defendant (the person who distributed your image) to account to you for any money/profits they have received as a result of distributing your intimate image without your consent;
• issue an injunction (an order that restrains the person from beginning or continuing to do something, like distributing the image) based on what the court determines is appropriate; AND
• make any other order that the court determines is just and reasonable.

Other important things to know:

• In an action under this Act, you do not lose the expectation of privacy with respect to your image if:
• you consented to another person recording the image, or
• you provided the image to another person, in circumstances where that other person knew (or should reasonably have known) that you did not consent to the further distribution of your image.
• There is a defense to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
• If the person distributing your image is under 18 years of age, their parent(s) cannot be held jointly and severally liable for any damages awarded to you unless the court is satisfied that the parent(s) directly participated in the distribution of your image.
• In awarding damages under this Act, the court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information likely to identify a person if the court considers it to be in the interests of justice.

Who to contact for more information about this Act:

• Connect with a lawyer. The Law Society of Alberta’s website has information on how to find a lawyer.
• Attend your local court house and ask the clerk to provide you with information regarding your options.
• The Government of Alberta’s Victim Services

Manitoba

The Intimate Image Protection Act (amended in 2023)

What you should know:

• This Act defines an intimate image as a visual recording of a person made by any means (including a photograph, film, or video recording) in which:
• the person depicted in the image is nude, or is exposing their genital organs, anal region, or breasts, OR is engaged in explicit sexual activity;
• the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
• if the image has been distributed, the person depicted in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
• Note: Under this Act, distributing means knowingly publishing, transmitting, selling, advertising or otherwise distributing or making the image available to a person other than the person depicted in the image.
• Note: Bill 24 – The Intimate Image Protection Act Amendment (Distribution of Fake Intimate Images) was introduced in March 2024, and if passed, would amend the Intimate Image Protection Act to include fake/altered images of an identifiable person within the definition of “intimate image”.

What you can do:

• Under this Act, you may bring a civil action, even without proof of damage, if a person has distributed an intimate image of you knowing that you did not consent to the distribution, or if the person was reckless as to whether or not you consented to the distribution.
• In an action under this Act, the court may
• award damages to you;
• order the defendant (the person who distributed your image) to account to you for any money/profits they have received as a result of distributing your intimate image;
• issue an injunction (an order that restrains the person from beginning or continuing to do something, like distributing the image) based on what the court determines is appropriate; and
• make any other order that the court determines is just and reasonable.

Other important things to know:

• In an action under this Act, you do not lose the expectation of privacy with respect to your image if:
• you consented to another person recording the image; or
• you provided the image to another person;

in circumstances where the other person knew (or should reasonably have known) that the image was not to be distributed to any other person.

• There is a defence to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
• In an action under this Act, the court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information likely to identify a person if the court considers it to be in the interests of justice.
• Reverse onus – Where an action is commenced under this Act, the court will, as a starting point, presume that the intimate image of you was distributed without your consent. It will be up to the defendant to establish that they had reasonable grounds to believe that they had your consent to distribute your image at the time it was distributed.

The Act also states that if you have had your intimate image distributed without your consent or if you believe it is about to happen, the provincial government must make appropriate information and resources available to you if you request them. Cybertip.ca was named the designated agency to receive reports and respond to victims whose intimate images were distributed without their consent, or who fear this might happen.

Who to contact for more information about this Act:

• For more information or assistance, contact Cybertip.ca online or by calling 1-866-658-9022.
• Connect with a lawyer. Manitoba’s Community Legal Education Association (CLEA) operates a Law Phone-In and Lawyer Referral Program that can be reached by calling (204) 943-2305 or 1-800-262-8800 (outside Winnipeg).
• Attend your local court house and ask the clerk to provide you with information regarding your options.
• The Government of Manitoba’s Victim Services.

Newfoundland and Labrador

Intimate Images Protection Act

What you should know:

• This Act defines an intimate image as a visual recording of a person made by any means (including a photograph, film, or video recording) in which:
• the person depicted in the image is nude, or is exposing their genital organs, anal region, or breasts, OR is engaged in explicit sexual activity,
• the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
• if the image has been distributed, the person depicted in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
• Note: Under this Act, distributing an intimate image means publishing, transmitting, selling, advertising, or otherwise making the image available to a person other than the person depicted in the image.

What you can do:

• Under this Act, you may bring a civil action, even without proof of damage, if a person has distributed an intimate image of you knowing that you did not consent to the distribution, or if the person was reckless as to whether or not you consented to the distribution.
• In an action under this Act, the court may
• award damages to you;
• order the defendant (the person who distributed your image) to account to you for any money/profits they have received as a result of distributing your intimate image and make an order in your favour with respect to recovering those profits from the defendant;
• issue an injunction (an order that restrains the person from beginning or continuing to do something, like distributing the image) based on what the court determines is appropriate, and
• make any other order that the court determines is just and reasonable.

Other important things to know:

• In an action under this Act, you do not lose the expectation of privacy with respect to your image if:
• you consented to another person recording the image, or
• you provided the image to another person,

and the other person knew (or should reasonably have known) that you did not consent to the further distribution of your intimate image.

• Reverse onus – Where an action is commenced under this Act, the court will, as a starting point, presume that your intimate image was distributed without your consent. It will be up to the defendant to establish that they had reasonable grounds to believe that they had your ongoing consent to distribute your image.
• There is a defence to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
• The court may make an order prohibiting the publication of the name of any party to the action (including you) or any information that might identify a person if the court considers it to be in the interests of justice. Until the court decides whether to issue such an order, no person shall publish or make public the names of the persons tied to the action or any information that might identify those persons.
• Note: Where a person involved in the action is under the age of majority (19), their name or any information that might identify them will not be published or made public, even after that person reaches the age of majority.

Who to contact for more information about this Act:

• The Public Legal Information Association of Newfoundland and Labrador (PLIAN) has a Lawyer Referral Service that may be able to assist you with finding a lawyer where you live.
• Attend your local court house and ask the clerk to provide you with information regarding your options.
• The Government of Newfoundland and Labrador’s Victim Services.

Nova Scotia

Intimate Images and Cyber‑protection Act

What you should know:

• This Act defines an intimate image as a visual recording of a person made by any means (including a photograph, film, or video recording) in which:
• the person depicted in the image is nude, or is exposing their genital organs, anal region, or breasts, OR is engaged in explicit sexual activity,
• the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
• if the image has been distributed, the person depicted in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
• Note: Under this Act, distributing means publishing, transmitting, selling, advertising, or otherwise distributing or making the image available to a person other than the person depicted in the image, while knowing the person depicted did not consent or being reckless to whether the person in the image consented.

What you can do:

• If you are an individual whose intimate image was distributed without your consent you may apply to the court for an order. If you are under the age of 19, your parent or guardian may apply on your behalf.
• In your application, you have to identify the person who is distributing your intimate image by name. If you do not know their name, you can identify the Internet Protocol address (IP address), website, username or account, email address or, or another unique identifier used for distributing your intimate image.
• The court may make one or more of the following orders:
• an order prohibiting the person from distributing your intimate image;
• an order prohibiting the person from contacting you or another person in the future;
• an order requiring the person to take down or disable access to your intimate image;
• an order declaring that your image is an intimate image;
• an order referring the matter to dispute-resolution services;
• an order requiring the person to provide you with any information in their possession that may help identify a person who may have used various forms of electronic communication to distribute your intimate image without your consent;
• an order requiring the person to pay damages to you;
• an order requiring the person to account to you for any profits they received as a result of distributing your image;
• any other order that the court determines is just and reasonable

Other important things to know:

• You do not lose the expectation of privacy with respect to your image if:
• you consented to another person recording the image, or
• you provided the image to another person,

in circumstances where the other person knew (or should reasonably have known) that the image was not to be distributed to any other person.

• Where any person involved in an action is a minor (under 19), their name or any information that might identify them will not be published or broadcast, even after they reach the age of majority, and they will instead be identified by a pseudonym.
• If the applicant (the person whose intimate image was distributed) is an adult, they can make a request to the court that their name or any information that might identify them not be published or broadcast and that they be identified by a pseudonym instead.
• There is a defence to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
• A person who violates an order made by the court under this Act‑– other than an order for payment of damages or an order for accounting of profits‑– is guilty of an offence and is liable to a fine of up to $5,000 or to imprisonment for up to six months or to both.

Who to contact for more information about this Act:

• Connect with a lawyer. The Legal Information Society of Nova Scotia (LISNS) has a Lawyer Referral Service and may be able to assist you with finding a lawyer where you live.
• Nova Scotia’s CyberScan.
• Visit your local court house and ask the clerk to provide you with information regarding your options.
• The Government of Nova Scotia’s Victim Services.

Saskatchewan

The Privacy Act – Privacy of Intimate Images (amended in 2022)

What you should know:

• This Act defines an intimate image as a visual recording of a person, whether or not the person is identifiable or whether or not the image has been altered in any way, made by any means (including a photograph, film, or video recording) in which:
• the person in the image is, or is depicted as, nude, or exposing their genital organs, anal region or breasts, OR engaging in explicit sexual activity;
• the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
• if the image has been distributed, the person who is, or is depicted, in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
• Note: Under this Act, distributing means publishing, transmitting, selling, advertising, or otherwise distributing or making the image available to a person other than the person who is or is depicted in the image.

What you can do:

• Under this Act, if you are someone who is, or who is depicted to be, in an intimate image, you may bring a civil action, even without proof of damage, if a person has distributed, or threatened to distribute, an intimate image of you knowing that you did not consent to the distribution, or if the person was reckless as to whether or not you consented to the distribution.
• In an action under this Act, the court may
• award damages to you;
• order the defendant (the person who distributed your image) to account to you for any money/profits they have received as a result of distributing your intimate image and make an order in your favour with respect to recovering those profits from the defendant;
• declare the distribution of the intimate images to be unlawful;
• order the defendant to make every reasonable effort to make the intimate images unavailable to others (for example by destroying all copies of the image in the defendant’s control, having the intimate images removed from any platform operated by an internet intermediary (social media site, website etc.),¹ and having the intimate images de-indexed from any internet search engine);
• order any internet intermediary or other person or organization to make every reasonable effort to remove or de-index all intimate images of the plaintiff;
• issue an injunction (an order that restrains the person from beginning or continuing to do something, like distribute the image) based on what the court determines is appropriate; and
• make any other order that the court determines is just and reasonable.

Other important things to know:

• In an action under this Act, you, as the person who is, or who is depicted, in the intimate image, do not lose the expectation of privacy with respect to your image if:
• you consented to another person recording the image; or
• you provided the image to another person;
• in circumstances where the other person knew (or should reasonably have known) that the image was not to be distributed to any other person.
• Reverse onus – Where an action is commenced under this Act, the court will, as a starting point, presume that the intimate image of you, or that you are depicted in, was distributed without your consent. It will be up to the defendant to establish that they had reasonable grounds to believe that they had your ongoing consent to distribute your image.
• There is a defence to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
• In an action under this Act, the court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information likely to identify a person if the court considers it to be in the interests of justice.

Who to contact for more information about this Act:

• Connect with a lawyer. The Law Society of Saskatchewan or the Public Legal Education Association of Saskatchewan (PLEA) provide information about how to find a lawyer where you live.
• Attend your local court house and ask the clerk to provide you with information regarding your options.
• The Government of Saskatchewan’s Victim Services.

1. 1An internet intermediary generally refers to a company that facilitates the use of the Internet. This may include internet service providers, search engines, and social media platforms.

Prince Edward Island

Intimate Images Protection Act

What you should know:

• This Act defines an intimate image as a visual recording of a person, whether or not the person is identifiable and whether or not the image has been altered in any way, made by any means, in which the person is or is depicted as
• engaging in a sexual act, OR nude or nearly nude or exposing the person’s genital organs, anal region or breasts, and
• the person had a reasonable expectation of privacy with respect to the recording at the time the recording was made, and
• if the recording has been distributed, the person had a reasonable expectation of privacy with respect to the recording at the time it was distributed.
• Note: Under this Act, distributing means transmitting, publishing, or otherwise making the image accessible.

What you can do:

• A person depicted in an intimate image may claim relief from the court for damages.
• The following are remedies the court may undertake if your intimate image has been distributed:
• Order the person who distributed the image to pay nominal damages to you;
• Declare the distribution to be unlawful;
• Order the person who distributed the image to make every reasonable effort to make the image inaccessible, including by:
• destroying all copies of the image in the person’s possession or control,
• having the image removed from any platform operated by an internet intermediary¹ (social media site, website etc.),
• having the image de‑indexed from any search engine;
• Order an internet intermediary (like a social media platform) to make every reasonable effort to remove or de‑index the image;
• Make any other order that the court determines is just and reasonable.
• The following are remedies the court may undertake if a threat is made to distribute your intimate image:
• Declare the threat to have been unlawful;
• Instruct the individual who made the threat not to distribute the image;
• Order the individual who made the threat to make every reasonable effort to make the intimate image inaccessible to others, including by destroying all copies of the intimate image in their possession or control;
• Order the individual who made the threat to pay nominal damages to you;
• Make any other order that the court determines is just and reasonable.

Other important things to know:

• Under this Act, a person who distributes or threatens to distribute your intimate image commits a tort that is actionable without proof of damage;
• Your consent is revocable. If you consented to the distribution of your intimate image and you later revoke that consent, and you communicate the revocation to a person who distributed your image, that person must make every reasonable effort to make your image inaccessible to others, including by:
• destroying all copies of your intimate image in their possession or control;
• having your image removed from any platform operated by an internet intermediary; and
• having your image de‑indexed from any search engine.
• Note that a person who does not make every reasonable effort to make the intimate image inaccessible per the above is liable for damages for any injury resulting from their failure to do so;
• You cannot bring an application or claim against an internet intermediary if they have taken reasonable steps to address unlawful distribution generally on their services;
• There are defences available under this Act. Specifically:
• A person is not liable for damages if the person can prove that the distribution of the image was made in any of the following circumstances:
• the person did not intend to distribute the image;
• the person had (or honestly and reasonably believed that the person had) the consent of the individual depicted in the image to distribute the image at the time of distribution and to the extent consented to;
• the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted) and distribution did not extent beyond the public interest.
• It also appears that if the person can prove that they had consent to distribute the image, the remedies normally available may not be.
• Under the Act, the court may make an order prohibiting the publication of the name of any party to the action (including you) or any information that may identify such person if the court considers it to be in the interests of justice. Until the court decides whether to issue such an order, no person shall publish or make public the names of the persons tied to the action or any information that might identify those persons.
  • Note: Where a person involved in the action is under the age of 18, their name or any information that might identify them will not be published or made public, even after that person reaches the age of 18. In such cases, the party may apply to the court for an order revoking the prohibition on publication.

Who to contact for more information about this Act:

• Connect with a lawyer. Community Legal Information is a registered charity that can help you understand the law and navigate the justice system. It operates a Lawyer Referral Service in collaboration with the Law Society of Prince Edward Island.
• Attend your local courthouse and ask the clerk to provide you with information regarding your options.
• The Government of Prince Edward Island’s Victim Services.

1. 1An internet intermediary generally refers to a company that facilitates the use of the Internet; such companies may include internet service providers, search engines, and social media platforms.

New Brunswick

Intimate Images Unlawful Distribution Act

What you should know:

• This Act defines an intimate image as a visual recording of a person, whether or not the person is identifiable and whether or not the image has been altered in any way, made by any means, in which the person is or is depicted as
  • Engaging in a sexual act,
  • Nude or nearly nude, or
  • Exposing their genital organs, anal region, or breasts.
• To be eligible for relief, the person must have had a reasonable expectation of privacy in relation to an intimate image of themselves
  • At the time a visual recording was made, AND
  • If a visual recording has been distributed, at the time it was distributed.
  • Under this Act, you may have a reasonable expectation of privacy in relation to an altered image.
    • Note: Under this Act, distributing an intimate image means to transmit, publish, or otherwise make the image available.

What you can do:

• Under this Act, you may bring a civil action, even without proof of damage, if a person has distributed or threatened to distribute an intimate image of which you are, or are depicted to be, in, and of which you had a reasonable expectation of privacy.
• The following are remedies the court may undertake if your intimate image has been distributed:
  • Order the person who distributed the image to pay nominal damages to you;
  • Declare the distribution to be unlawful;
  • Order the person who distributed the image to make every reasonable effort to make the image inaccessible, including by:
    • destroying all copies of the image in the person’s possession or control,
    • having the image removed from any platform operated by an internet intermediary (social media site, website etc.),¹
    • having the image de-indexed from any search engine;
  • Order an internet intermediary (like an internet service provider or a social media platform) to make every reasonable effort to remove or de-index the image;
  • Make any other order that the court determines is just and reasonable.
• The following are remedies the court may undertake if a threat is made to distribute your intimate image:
  • Declare the threat to have been unlawful;
  • Instruct the individual who made the threat not to distribute the image;
  • Order the individual who made the threat to make every reasonable effort to make the intimate image inaccessible to others, including by destroying all copies of the intimate image in their possession or control;
  • Order the individual who made the threat to pay nominal damages to you;
  • Make any other order the court considers just and reasonable.

Other important things to know:

• You do not lose a reasonable expectation of privacy by reason only that you consented to the distribution of an intimate image.
• In regard to an application (where only nominal (i.e. insignificant) damages are available), a defence to such an application can be successful if the person proves that the person depicted in the intimate image had consented to the distribution of the intimate image at the time of its distribution and had consented to the extent that the intimate image was distributed by the person.
• In regard to an action (where there are compensatory, aggravating, and punitive damages available), a person (defendant) is not liable if the person proves that the distribution of the intimate image was made in any of the following circumstances:
  • The person did not intend to distribute the intimate image;
  • The person had, or honestly and reasonably believed that the person had, the consent to the distribution of the intimate image from the person depicted in the intimate image at the time of its distribution and to the extent that the intimate image was distributed by the person; or
  • The distribution was made in the public interest and did not extend beyond what was in the public interest.
• Note: 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.
• Note that a person who does not make every reasonable effort to make the intimate image inaccessible per the above is responsible for damages for any injury resulting from their failure to do so.

Who to contact for more information about this Act:

• Connect with a lawyer. The Law Society of New Brunswick's website offers information about how to find a lawyer where you live.
• Attend your local courthouse and ask the clerk to provide you with information regarding your options.
• The Government of New Brunswick’s Victim Services

1. 1An internet intermediary is defined in the Act as a company that hosts or indexes content from others through an online platform for a commercial purpose; such companies generally include internet service providers, search engines, and social media platforms.