October 8th, 2024

Attorney general alerts online companies to B.C.’s new image-sharing law

By The Canadian Press on May 4, 2023.

British Columbia's attorney general Niki Sharma has sent a letter to major technology companies warning they could soon face orders to stop the distribution of intimate images of B.C. residents shared without their consent. Sharma speaks during a ministers meeting in Ottawa, on Friday, March 10, 2023. THE CANADIAN PRESS/Spencer Colby

VICTORIA – British Columbia’s attorney general has sent a letter to technology companies warning they could face orders to stop the distribution of intimate images of B.C. residents that have been shared without their consent.

Niki Sharma says the Intimate Images Protection Act will come into force in the coming months and create new legal mechanisms to stop the distribution of such photos online.

In a letter sent to companies, including Twitter, Meta, OnlyFans, and Pornhub, Sharma says they could be required to delete, de-index or destroy images, or provide information that is needed to remove the photo.

Sharma says the new law sets out liability for an online company that hasn’t taken reasonable steps to address the non-consensual distribution of photos or videos, which can include an order for damages.

She says there’s an obligation to take down images no matter where they are located and that the province does have mechanisms to enforce orders beyond its border.

Sharma says she expects to have meetings with the internet firms to talk about systems they can put in place to comply with the act.

The legislation covers images including near-nude photos, videos, livestreams and digitally altered images, including videos known as deep fakes.

This report by The Canadian Press was first published May 4, 2023

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