1st Session, 43rd Legislature
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Bill 24
THE INTIMATE IMAGE PROTECTION AMENDMENT ACT (DISTRIBUTION OF FAKE INTIMATE IMAGES)
| 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:
1 The Intimate Image Protection Act is amended by this Act.
2 The title is replaced with "THE NON-CONSENSUAL DISTRIBUTION OF INTIMATE IMAGES ACT".
3(1) Subsection 1(1) is amended
(a) by adding the following definitions:
"fake intimate image" means any type of visual recording
(a) that, in a reasonably convincing manner, falsely depicts an identifiable person
(i) as being nude or exposing their genital organs, anal region or breasts, or
(ii) engaging in explicit sexual activity;
(b) that is created through the use of software, machine learning, artificial intelligence or other means, including by modifying, manipulating or altering an authentic visual representation; and
(c) in respect of which it is reasonable to suspect that the person depicted in the image would not consent to the recording being made or distributed to others. (« fausse image intime »)
"personal intimate image" means any type of visual recording
(a) in which the person in the image is
(i) nude or exposing their genital organs, anal region or breasts, or
(ii) engaging in explicit sexual activity;
(b) that is recorded in circumstances that give rise to a reasonable expectation of privacy in respect of the image; and
(c) if the image has been distributed, in respect of which the person in the image retained a reasonable expectation of privacy at the time of distribution. (« image intime personnelle »)
(b) by replacing the definition "intimate image" with the following:
"intimate image" means
(a) a personal intimate image of a person; or
(b) a fake intimate image of a person. (« image intime »)
3(2) Subsection 1(2) is amended
(a) in the English version, by striking out "he or she knowingly publishes, transmits, sells, advertises or otherwise distributes or makes" and substituting "they knowingly publish, transmit, sell, advertise or otherwise distribute or make"; and
(b) by striking out "person depicted" and substituting "person who is or is depicted".
4 Clause 3(2)(a) of the French version is amended by striking out "où elle figure" and substituting "d'elle".
5 Subsection 4(3) of the English version is amended by striking out "he or she" and substituting "the minister".
6 Clause 8(2)(a) is amended by striking out "person depicted" and substituting "person who is or is depicted".
7 Subsection 11(1) is amended by striking out "person depicted" and substituting "person who is or is depicted".
8 Section 12 is amended by replacing the part before clause (a) with the following:
When expectation of privacy not lost
12 In an action for the non-consensual distribution of a personal intimate image, the person in the image does not lose their expectation of privacy in respect of the image if they
9 Clause 12.1(a) is amended by striking out "person depicted" and substituting "person who is or is depicted".
10 Section 18 is amended by striking out "chapter I87" and substituting "chapter N93".
11 This Act comes into force on the day it receives royal assent.