Technology has changed more drastically over the last couple of years than in the entirety of its existence. Cell phones are one thing you can see just about everywhere (even in parts of the world where poverty is extreme). These tiny computers are so prevalent that just about every human on the planet has one, and by now, many kids as young as 6 or 7 years old already have their own device.
Though technology has its pros (the ease of staying in contact with friends from around the world), it can also be used in a very negative, damaging way. A new issue that has come up due to technology is the rise of revenge porn.
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What Is Revenge Porn?
Revenge porn is pornographic imagery distributed without the consent of the individual being portrayed in the images. This could mean that the person was filmed or photographed without their knowledge or that perhaps the person intentionally sent pornographic content to someone else, but the recipient then chooses to further distribute that content without the sender’s consent. The distribution of revenge porn could be in places like on a website, on social media, via text messages/email, or submitted to a newspaper or magazine.
Having explicit and intimate imagery of oneself distributed without consent is devastating and harmful. Victims feel disrespected, humiliated, have concerns for their employment, may worry over their safety, and so on.
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Protecting Albertans
The Alberta Legislature passed Bill 202, “Protecting Victims of Non-Consensual Distribution of Intimate Images Act” on May 1, 2017. Sharing intimate images without consent is illegal, and the Act makes it easier for victims of revenge porn to sue for damages.
The definition of an intimate image under this Act includes any image or video where a person is exposing him or herself in some manner (ie. nude or explicit pictures). In addition, included under the act is a reasonable expectation of privacy. This means that even if the victim chose to share the image with another specific individual, the person receiving the image should assume that this content was not meant for further distribution.
The Act also protects parents from liability if their children are the ones who wrongfully share intimate images of others. Loss or damages from the distribution of intimate images does not need to be proven under the Act, as loss is presumed.
Consequences Under the Act
As previously mentioned, sharing intimate images without consent is a crime. Consequences of revenge porn or sharing intimate images without consent range from the defendant (the distributor of the images) having to pay damages to the victim to the defendant possibly facing jail time of up to five years.
It’s also important to know that although you are not held liable for viewing revenge porn sent to you, you can be liable if you further distribute the content.
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What Can You Do if You Are a Victim?
If images of you have been shared without your consent, or you fear that images you shared in the past are now at risk of being distributed, there are some steps you can take:
- Apply for a “prevention order” to the court. This is for a situation in which an image has not yet been distributed, but you have a reasonable concern that it could happen.
- Contact the service or platform on which your images have been shared and ask for them to be removed. Let them know that you are in Canada and did not consent to have this content shared on their platform.
- If you’ve shared content with someone, send a message to that person telling them that you do not consent to have the imagery shared. If possible, include the date that you shared the content, give a description, and ask them to delete the imagery. Clearly state that your permission has not been given to share it with others.
Note that this type of message can be sent even if the imagery is already being shared
- Last but not least: contact a lawyer!
If you are in a situation where intimate images of you are being shared online, and you are experiencing high levels of stress and trauma, contact our team today. We have experience assisting clients in these types of cases and understand the emotional toll it can have on your mental and emotional health.
To connect with us, send us a message via our website or call us toll-free at 1-833-585-4145 for a free consultation.