3rd Session, 43rd Legislature

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Bill 2

THE NON-CONSENSUAL DISTRIBUTION OF INTIMATE IMAGES AMENDMENT ACT

(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. N93 amended

1   The Non-Consensual Distribution of Intimate Images Act is amended by this Act.

2(1)   Subsection 1(1) is amended

(a) in the definition "fake intimate image", by replacing clause (a) with the following:

(a) that, in a reasonably convincing manner, falsely depicts an identifiable person as

(i) engaging in explicit sexual activity,

(ii) being nude or nearly nude, or

(iii) exposing their genital organs, anal region or breasts;

(b) in the definition "personal intimate image", by replacing clause (a) with the following:

(a) in which a person, whether or not the person is identifiable, is

(i) engaging in explicit sexual activity,

(ii) nude or nearly nude, or

(iii) exposing their genital organs, anal region or breasts;

(c) by adding the following definitions:

"Internet intermediary" means a person or organization that hosts or indexes third-party content through an online platform. (« intermédiaire de l'Internet »)

"visual recording" includes a live broadcast or live stream. (« enregistrement visuel »)

2(2)   Subsection 1(2) is amended by striking out everything after "make the image available" and substituting "to another person.".

3   Subsection 7(3) is amended by adding "or has provided false information to the authorized agency" at the end.

4   The centred heading before section 11 is replaced with "TORTS RESPECTING INTIMATE IMAGES".

5(1)   The section heading for subsection 11(1) is amended by striking out "images" and substituting "image".

5(2)   The following is added after subsection 11(1):

Threat to distribute intimate image

11(1.1)   A person who threatens to distribute an intimate image of another person commits a tort against that other person.

5(3)   Subsection 11(2) is amended by adding "or the threatened distribution of an intimate image" after "intimate image".

6   Section 12 is amended by renumbering it as subsection 12(1) and adding the following as subsections 12(2) and (3):

Expectation of privacy in image where person not identifiable

12(2)   For certainty, a person has a reasonable expectation of privacy in a personal intimate image of them in which they are not identifiable.

Expectation of privacy not lost on death

12(3)   A reasonable expectation of privacy in a personal intimate image is not lost by reason of the death of the person in the image.

7   Section 13 is amended by renumbering it as subsection 13(1) and adding the following as subsections 13(2) and (3):

Examples of public interest

13(2)   The distribution of an intimate image is in the public interest if the distribution occurred for the purposes of

(a) a law enforcement investigation; or

(b) a court proceeding.

Limitation

13(3)   The distribution of an intimate image is not in the public interest solely because the person who is or is depicted in the image is a public figure.

8   Subsection 14(1) is amended

(a) in the section heading, by adding "in action for distribution of intimate image" at the end; and

(b) by adding the following after clause (b):

(b.1) order the defendant to make every reasonable effort to make the intimate image unavailable to others, including by

(i) deleting or destroying all copies of the intimate image in their possession or control,

(ii) having the intimate image removed from any online platform operated by an Internet intermediary, and

(iii) having the intimate image de-indexed from any search engine;

(b.2) order an Internet intermediary or other person to make every reasonable effort to remove or de-index the intimate image within a time period specified in the order;

9   The following is added after section 14:

Remedies in action for threatened distribution

14.1   In an action for the threatened distribution of an intimate image, the court may

(a) award damages to the plaintiff, including general, special, aggravated and punitive damages;

(b) order the defendant

(i) not to distribute the intimate image, and

(ii) to make every reasonable effort to make the intimate image unavailable to others, including by deleting or destroying all copies of the intimate image in their possession or control;

(c) issue an injunction on such terms and with such conditions that the court determines appropriate in the circumstances; and

(d) make any other order that the court considers just and reasonable in the circumstances.

10(1)   Section 15 is amended by renumbering it as subsection 15(1) and adding "or the threatened distribution of an intimate image" after "intimate image".

10(2)   The following is added as subsection 15(2):

Court to consider views of plaintiff on publication ban

15(2)   When considering whether to order or revoke a publication ban, the court must have due regard to whether the plaintiff supports or objects to a publication ban.

11   The following is added after section 15:

Liability of Internet intermediaries limited

15.1(1)   An Internet intermediary is not liable in an action under this Act if the Internet intermediary has taken reasonable steps to address unlawful distribution of intimate images in the use of its services.

Authority of court

15.1(2)   Nothing in this section limits the court's authority under section 14 to make an order against an Internet intermediary.

Coming into force

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