Consequences of Non-Consensual Distribution of Intimate Images

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On December 18, 2023, the British Columbia government approved B.C. Reg. 293/2023, establishing the Intimate Images Protection Regulation under the Intimate Images Protection Act (S.B.C. 2023, c. 11). This regulation aims to protect individuals from the non-consensual distribution of intimate images by providing mechanisms for relief and outlining the responsibilities of decision-makers in related cases. The term “Act” specifically refers to the Intimate Images Protection Act, and the regulation details how it will be implemented, including the procedures for individuals seeking protection and the roles of decision-makers.

Decision-makers are required to consider several critical factors when evaluating applications for relief under Section 5 of the Act. These factors include the potential for expedited orders to mitigate harm to individuals depicted in intimate images, the personal circumstances of the affected individuals, and the context in which the intimate images were created and distributed. The regulation also specifies who may apply for relief on behalf of deceased individuals, allowing nearest relatives, personal representatives, and other adults deemed suitable by the decision-maker to submit applications.

Provisions are made for minors regarding their ability to seek relief; minors aged 14 and over can apply on their own behalf, while those aged 12 and above can authorize someone else to apply for them. Adults in trusted relationships with the minor may assist in the application process. Similar rules apply to adults, enabling them to authorize trusted individuals to act on their behalf when seeking relief.

When a respondent in a case becomes an adult, the decision-maker must evaluate whether to lift any publication ban, taking into consideration the respondent’s consent. The regulation also establishes a framework for administrative penalties for non-compliance with orders made under Section 5 of the Act. Individuals may face penalties of up to $500 per day for non-compliance, capped at $10,000, while internet intermediaries and organizations could incur penalties of $5,000 per day, totaling a maximum of $100,000. Continuing violations may lead to additional penalties that reflect the ongoing nature of the contraventions. Those receiving a notice of administrative penalty must pay the specified amount upon receipt.

By establishing clear guidelines for application processes, decision-making criteria, and penalties for violations, the regulation seeks to empower individuals, particularly minors, while holding responsible parties accountable. This legislative measure addresses growing concerns about privacy and the misuse of intimate images in the digital era, reinforcing the province’s commitment to safeguarding personal rights and dignity.

British Columbia (293/2023) December 19, 2023