Recent Saskatchewan law regarding sharing, posting or disseminating intimate images
A recent law in Saskatchewan, The Privacy Amendment Act, 2017, has simplified the process to commence a civil action for damage for the sharing, posting or dissemination of intimate images, which is often referred to as “Revenge Porn”.
“This legislation provides victims with a clear path for pursuing legal action against those who have victimized them by sharing their intimate images without consent,” Justice Minister and Attorney General Don Morgan said in a statement Monday.
Victims can now commence an action in Small Claims Court to seek compensation up to $30,000, or commence an action in the Court of Queen’s Bench where there is no limit on damages, to obtain an order to have the images removed and obtain a money judgment for personal/psychological injury.
Saskatchewan’s new law requires that the person who is proven to have shared the image must prove they had consent before posting it. This creates a “reverse onus” on the Defendant.
Under the law, an intimate image is a visual image, including photos or videos, in which a person is nude, partially nude, or engaged in explicit sexual activity, made in circumstances that implied a reasonable expectation of privacy. Morgan made it clear that people’s privacy should be protected and “in the age of the Internet, it’s too easy to have those things posted and not taken down, so hopefully people have some sober second thought before doing something like that.”
Although other provinces have enacted similar legislation, the framework is relatively new nationwide. Should you have any questions regarding this new legislation, please contact a member of our Criminal Law Practice Group.
About the Author:
George is a partner in the Saskatoon office where he practices extensively in the areas of criminal defense, debt recovery and employment law.
About McKercher LLP:
McKercher LLP is one of Saskatchewan’s oldest and largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made our firm rank in the top 5 in Saskatchewan by Canadian Lawyer magazine (2017). Integrity, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.
This post is for information purposes only and should not be taken as a legal opinion on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.