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Sask. introduces more legislation to address “revenge porn” distribution

New legislation regarding non-consensual sharing of intimate images is meant to help victims, said the province.
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The non-consensual sharing of intimate photos is not only illegal, but now so is threatening to do so.

REGINA — New legislation introduced by the provincial government will expand the legal actions people can take to stop the spread of intimate images they did not consent to happening.

Known colloquially as “revenge porn,” the non-consensual spreading of intimate photos has several more addendums added in the Privacy (Intimate Images - Additional Remedies) Amendment Act, 2021.

Following a passing vote in the Legislative Assembly, the amendment includes a number of new changes relating to these types of images.

The definition of “protected intimate images” has been extended to include both original images and those that have been digitally altered. 

The court can now also order a defendant to return all copies of images to the victim, and demand both the defendant and all Internet intermediaries make every reasonable effort to ensure the images are no longer available to others to view.

Prior to these legislative changes, victims could have difficulties having the images removed from online sites as platforms were not obligated to do so.

"The malicious sharing of intimate images is exploitative and unacceptable," said Justice and Minister Attorney General Gordon Wyant. "These changes will broaden Saskatchewan's existing civil remedies to help victims of this despicable behaviour regain control of their intimate images."

Individuals can now also take legal action if someone threatens to share intimate images of them.

The changes follow provisions made in 2018, which allowed a victim to sue the person responsible for distributing the images in either the Court of Queen's Bench or in small claims court.

The 2018 amendments also made changes that require the person who distributed the images to provide proof of consent, rather than placing the onus on the victim to provide proof of non-consent.

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