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Intimate images and consent

Last updated on January 29, 2024

Technology has made it easier and faster to share intimate images, such as nude or sexual private photos. There is nothing wrong with taking an intimate image of yourself and sharing it. However, it is illegal to post or share intimate images of others without their consent and it is a serious violation of privacy and can cause long-lasting harm. Everyone has the right to give and take back consent at any time.

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What is an intimate image? 

Under B.C.’s Intimate Images Protection Act (IIPA), an image, video or livestream is considered "intimate" if it shows or depicts: 

  • You nude or nearly nude, or 
  • You engaging in a sexual act, or
  • Your genital organs (penis and/or vagina), anal region, or breasts 

An intimate image does not have to show your face, or even be identifiable as you. Intimate images can be real, fake, or altered. This includes digitally altered images, digitally altered videos (deep-fakes), and AI generated material. Examples of intimate images include things like:

  • Images taken in a sexual context, like a selfie or a sex tape 
  • Images taken of sexual activity, but not nude or nearly nude 
  • Images taken in a non-sexual context, like a bathroom 

Privacy

Part of what makes an image intimate is that there is an expectation of privacy at the time the image was taken, created, or shared. This means that the person in the image expected the image to be shared only among the people of their choosing. People still have the right and reasonable expectation of privacy even if:

  • The image has been altered
  • They are not identifiable in the image
  • They have shared the intimate image themselves
  • They had previously consented to sharing the intimate image
  • The person in the image is deceased

For a detailed definition of what an intimate image is, see Intimate Images Protection Act.

If your image does not meet the legal definition of an intimate image, the Intimate Images Protection Service can still help. 

“As our lives become increasingly digital, more people are sharing intimate images with each other. But when your intimate images are used against you, that’s a violation of trust that can be extremely difficult to overcome,” said Kelli Paddon, Parliamentary Secretary for Gender Equity. “This legislation is a critical part of our work to better support people impacted by sexualized violence.” 

Non-consensual distribution of intimate images (NCDII)

Non-consensual distribution of intimate images (NCDII) is the sharing of an intimate image without the consent of the person in the image. Consent is an agreement to engage in an activity; it occurs when you ask, or give, permission to do something. If your intimate image is shared without your consent, that is not your fault. NCDII is illegal under B.C.’s Intimate Images Protection Act (IIPA). NCDII is defined as:

  • Images, videos, or livestreams of a person engaging in a sexual act, or who is nude or nearly nude in a situation in which the individual had a reasonable expectation of privacy at the time the recording was made, streamed or distributed, and 
  • The distribution or threat of distribution is without consent, i.e., the transmission, publication or other forms of distribution of the intimate image without the consent of the person depicted in the image, often through online platforms.
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Common examples of NCDII

  • Sending intimate images of someone else to others or sharing someone’s intimate images online without their consent
  • “Revenge porn” – sharing or threatening to share an intimate image of a former sexual partner to cause them harm 
  • “Sextortion” – a form of blackmail where someone threatens to send a sexual image or video to friends, family, work, etc. if their demands are not met (e.g., payment, more sexual content, sexual favours, etc.)
  • Being pressured or bullied into taking an image or sending an image to someone 
  • Fake images made to look like someone else, including Photoshop, a deepfake or an AI-generated image or video
  • Hidden cameras, hacking, or upskirt pictures

 

If you shared your photo with someone, it doesn’t mean they can share it with others without your consent. It’s ok to send someone an intimate image of yourself. You can also agree to have someone take an image of you, or give them permission to share it with others. But you’re allowed to change your mind and revoke your consent at any time. This is protected under the Intimate Images Protection Act.

You have the right to give and take back consent at any time.

Intimate Images Protection Act 

B.C.’s Intimate Images Protection Act (IIPA) provides new ways to stop the non-consensual distribution of intimate images, including new processes to get these images removed from the internet more quickly and a more effective way for victims to seek monetary compensation. This legislation provides detailed definitions, enhanced privacy and consent considerations, as well as creating a new, simplified process for applications and claims. 

NCDII is an offence under the Criminal Code of Canada, but existing criminal and civil legal options can be confusing, expensive, and victims may feel uncomfortable taking public legal action or reporting an incident to police. For many people that have had their intimate images shared without their consent, the main goal is to get those images taken down as soon as possible. The IIPA provides a fast, confidential, easy-to-use, online process to create orders declaring the distribution of intimate images unlawful.

If the sharing or threat to share happened on or after March 6, 2023, you can apply for a Civil Resolution Tribunal claim under the IIPA. For incidents of NCDII that took place before that date, there are other reporting options that may be available to you. The Intimate Images Protection Service can help explain your reporting options.

Sharing and threatening to share intimate images without consent is a form of sexualized violence, and it is illegal. Everyone has the right to give and take back consent at any time.