New legal options available for victims of ‘revenge porn’

A keyboard is seen in this undated file photo.

There are now new legal options for victims of “revenge porn,” or anyone who has had intimate images of themselves shared without their consent.

The provincial government announced Monday that amendments to The Privacy Act have taken effect, allowing victims to sue the person who distributed the image. It also puts the burden of proof on the person who circulated the image, requiring them to show they had a “reasonable basis to conclude consent had been granted,” according to a government release.

“Our government wants to take strong steps to protect people who have been victimized by having intimate images shared without consent,” said justice minister Don Morgan in the release. “This legislation will provide those victims with the ability to take direct court action against perpetrators.”

Also, plaintiffs filing a lawsuit under the Privacy Act are no longer required to go through the Court of Queen’s Bench. Now they have the option of going through Small Claims Court – a faster, less expensive process to claim damages under $30,000.

These changes come on the heels of amendments made to the Criminal Code in 2015, aimed at addressing ‘revenge porn’ and any other distribution of intimate images without consent.

The release defined an intimate image as “a visual image, including photos or videos, in which a person is nude, partially nude, or engaged in explicit sexual activity, that was made in circumstances that implied a reasonable expectation of privacy.”