The Intimate Image Protection Amendment Act

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5th Session, 42nd Legislature

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Bill 27

THE INTIMATE IMAGE PROTECTION AMENDMENT ACT

Bilingual version (PDF)

Explanatory Note

(Assented to )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. I87 amended

1 The Intimate Image Protection Act is amended by this Act.

2 The following is added after section 12:

Reverse onus

12.1 In an action for the non-consensual distribution of an intimate image,

(a) the distribution of the intimate image is presumed to have occurred without the consent of the person depicted in the image; and

(b) the defendant must establish that they had reasonable grounds to believe that they had consent to distribute the image at the time that the image was distributed.

Coming into force

3 This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Intimate Image Protection Act. It shifts the burden of proof in an action for the non-consensual distribution of an intimate image. The distribution of an intimate image of a person is presumed to have occurred without their consent. A person who distributed the intimate image must establish that they had reasonable grounds to believe that they had consent from the person in the image to distribute that image.