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BC’s Intimate Images Protection Act (“IIPA”) gives recourse to individuals who experience the non-consensual sharing of their intimate images. Although the IIPA has been in force since 2024, recent amendments have significantly increased the damages available to victims of intimate image abuse from $5,000 to $75,000.
By way of background, the IIPA is aimed at “revenge porn” and creates an expedited system for removal of the content shared online and civil liability for wrongdoers. Notably, the definition of intimate image for the purpose of the Act is broad enough to capture AI or other deepfake content. Under the IIPA’s legislative scheme, the Civil Resolution Tribunal (“CRT”) is empowered to:
- make expedited protection orders requiring the deletion or destruction of all copies of intimate images;
- order a person to make every reasonable effort to remove intimate images from online platforms and de-index them from search results;
- order internet intermediaries or other organizations to remove images from online platforms and de-index them from any search engines; and
- order compensatory, aggravated, and punitive damages and/or issue administrative monetary penalties.
Previously, the CRT’s monetary limit was $5,000 which has been a significant barrier for people seeking damages. While claims could be advanced in excess of $5,000 in BC Courts, this is more complex and costly and was not often pursued. Since the IIPA took force, nearly all of the damages awarded by the CRT have been at the statutory maximum. This invites concern and criticism that the legislative scheme was not capable of sufficiently compensating victims or deterring the wrongful conduct.
The new Intimate Images Amendment Act aimed to address this deficiency, and permits the monetary cap to be established by regulation allowing, the provincial cabinet can set the amount through a regulatory instrument rather than through legislation. This approach enables a more timely and flexible response to emerging needs. Ultimately, the amendment is intended to strengthen accountability for offenders.
Other amendments of note include provisions:
- removing the requirements that damages decisions under the IIPA be published by the CRT online;
- clarifying information that may be included in a protection order and allowing the CRT to change an intimate-image protection order;
- clarifying timelines for penalty applications under the IIPA for people who fail to comply with a protection order; and
- authorizing the Intimate Images Protection Service (IIPS) to continue to indirectly collect specific personal information necessary to provide services.
These changes reflect the seriousness of non-consensual sharing of intimate images in BC through meaningful legal consequences. For individuals who have been harmed by intimate image abuse, this provides the potential for meaningful compensation and raise the financial stakes of non-compliance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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