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ARTICLE · 06 OCTOBER 2020

Combatting "Revenge Porn"

Legislation affording speedy and effective relief to persons whose intimate images have been disclosed without their consent is in development in Canada.

CanadaPrivacy

Legislation affording speedy and effective relief to persons whose intimate images have been disclosed without their consent is in development in Canada.

It is now common for many people to privately exchange intimate images through electronic means. Other people take advantage of technology to surreptitiously record intimate images without the subject's consent (such as “up-skirting”). The disclosure of a person's intimate images without their consent can have devastating effects, “ranging from suicides by teenage victims to career-ending consequences when established persons are victimized.”1

The criminal offence of knowingly publishing or distributing an intimate image of a person knowing that the person depicted did not consent to its distribution (or being reckless whether the person consented) was created in 2015.2 The Criminal Code defines an “intimate image” to mean a visual recording of a person (by any means) in which the person is nude, or exposing

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