B.C.’s intimate images protection act targets online sextortion

The B.C. government is introducing measures targeting online sextortion and the sharing of intimate images.

New legislation is taking aim at those who share intimate images of others without their consent, with the province adding its new act will also “improve access to justice for survivors of sexualized violence.”

“If it isn’t your image, you don’t get to decide who sees it,” Attorney General Niki Sharma said to perpetrators Monday.

If passed, the province says the intimate images protection act would “create a new, fast-track process for getting a legal decision that an intimate image was recorded or distributed without consent and ordering people to stop distributing or threatening to distribute intimate images.”

The legislation would cover intimate images, near-nude images, videos, livestreams, and digitally altered images — such as “deep fakes.”

The act would give minors the ability to pursue legal action to stop private images from being distributed, and also “offer a clearer, legal avenue for lawsuits to seek monetary damages for harms suffered.”

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Meanwhile, the B.C. government says the legislation would also streamline to processes to get images taken off the internet.

“As our lives become increasingly digital, more people are sharing intimate images with each other. But when your intimate images are used against you, that’s a violation of trust that can be extremely difficult to overcome,” said Parliamentary Secretary for Gender Equity Kelli Paddon.

The province says incidents of intimate images being shared without consent are on the rise, adding cases are also underreported due to stigma and embarrassment.

“Having your intimate images shared without your permission is a betrayal that can have devastating impacts,” said Sharma. “Victims are often too ashamed to come forward and those who do are met with limited, complex and expensive legal options. We are building a path to justice for people to regain control of their private images and hold perpetrators to account.”

Citing a Statistics Canada report from 2020, the B.C. government says there was an 80 per cent increase in incidents reported to police compared to the five years prior. It adds that between 2014 and 2020, nearly half of underage victims of non-consensual distribution of intimate images were also victimized by a partner or friend.

For more than a third of victims, the person accused was “a casual acquaintance.”

The mother of B.C. teenager Amanda Todd was present at the government’s announcement of the intimate images protection act Monday.

Having advocated for legal changes to better protect young people since her daughter’s death by suicide in Port Coquitlam more than a decade ago, Carol Todd previously said the criminal code was “outdated” and in need of change.

“For some young people, the embarrassment and ridicule that can come with the distribution of personal, intimate images can be all-encompassing,” she said Monday. “I hope this legislation helps young people connect to the supports they need to take back control of their lives and from taking action against crimes, such as sexual exploitation, for such a long time.”

Aydin Coban — who was in his 30s at the time of Amanda’s death by suicide — was sentenced to 13 years in prison in Canada after he was extradited in 2020 from the Netherlands, where he was serving more than 10 years for blackmail and fraud relating to 39 other victims.

The impacts of non-consensual image sharing can be far-reaching for victims. In addition to depression, feelings of humiliation, and grief, the province notes that in many cases, people remain trapped in abusive relationships due to threats that their intimate images may be shared.

To support B.C.’s proposed legislation, the province says the Civil Resolution Tribunal is also working to expand its online portal to help people with legal issues and provide them with resources.

This comes as authorities across Canada continue to warn about the rise in online sextortion — money-motivated extortion using sexual images — of children and youth.