Intimate Images Protection Act
Last updated on September 18, 2024
Sharing someone else's intimate images (or threatening to share them) without their consent is against the law.
The non-consensual distribution of intimate images is a Criminal Code offence that can be reported to police. It can also be addressed through civil lawsuits.
For many people whose intimate images are shared, the priority is getting them deleted or taken down as easily and quickly as possible.
British Columbia’s Intimate Images Protection Act provides new ways to stop the non-consensual distribution of intimate images, including easy-to-use online processes to get your images removed more quickly and to seek monetary compensation through the Civil Resolution Tribunal.
If someone has an intimate image of you that you do not want them to have (but they have not shared or threatened to share it), this is not part of the Intimate Images Protection Act – but you can still contact the Intimate Images Protection Service for support, information, and resources.
What is an "intimate image"?
Under B.C.’s Intimate Images Protection Act, an image, video, or livestream is considered ‘intimate’ if it shows or depicts you:
- Nude or nearly nude, or
- Engaging in a sexual act, or
- With visible genital organs, anal region, or breasts
An intimate image does not have to show your face, or even be identifiable as you.
Intimate images can be real, fake, or altered. This includes digitally altered images, digitally altered videos (deep-fakes), and AI-generated material.
Examples of intimate images can include images taken in a sexual context (e.g., selfie or sex tape), images of a sexual activity (even if you’re not nude or nearly nude), and images taken in a non-sexual context (e.g., using the bathroom, changing your clothes).
Under the Intimate Images Protection Act, there also needs to be an expectation of privacy when the image was taken, created, or shared.
What does "expectation of privacy" mean?
To be considered an intimate image, there needs to be an expectation of privacy at the time the image was taken, created, or shared. This means that the person in the image expected the image to be shared only among the people of their choosing.
You still have the right and reasonable expectation of privacy even if:
- Your image has been altered
- You are not identifiable in the image
- You have shared the intimate image with someone
- You had previously consented to sharing the intimate image, or
- The person in the image is deceased.
What does "non-consensual" mean?
Consent is an agreement to engage in an activity. Everyone has the right to give and take back consent at any time. ‘Non-consensual’ means ‘without consent.’
- There is nothing wrong with sharing an intimate image of yourself with someone else. In this example, the image is shared with your consent.
- The person you shared the image with might post it online or send it to friends, without asking you if it is okay to share. In this example, the image is shared without your consent (it is non-consensual).
If your intimate image is shared without your consent, that is not your fault. This is ‘non-consensual distribution’ of intimate images – and it is illegal under B.C.’s Intimate Images Protection Act (IIPA).
Please see the Intimate Images Protection Act for more information and details.
Even if your image is not covered by the Intimate Images Protection Act, the Intimate Images Protection Service can help.
Contact information
The Intimate Images Protection Service provides support on weekdays from 8:30am to 4:30pm. For immediate support outside of these hours, reach out for Crisis Support.