B.C.’s New Intimate Images Protection Act

 

B.C.’s New Intimate Images Protection Act

The Intimate Images Protection Act (IIPA) was brought into force on January 29, 2024. This law is intended to provide civil legal redress to people who have had their intimate images shared without consent, which can be a devastating form of harm. The legislation covers non-consensual distribution or threats of distribution of intimate images, including near-nude images, videos, livestreams and digitally altered images.

What is the civil resolution tribunal?

B.C.’s legislation is unique in setting up a fast-track process through the Civil Resolution Tribunal (CRT). The CRT is an online, administrative tribunal designed around the public’s needs, and is accessible 24 hours a day, seven days a week.

What can the CRT do?

The CRT can issue intimate image protection orders that require an intimate image be deleted, de-indexed and/or removed from a website or social media platform. The CRT can also award damages of up to $5,000.

If a person or organization doesn’t comply with an intimate image protection order, the applicant can ask the CRT to order an administrative penalty. Administrative penalties are payable to government, and the amounts are set out in the Intimate Images Protection Regulation. If the individual or organization continues to fail to comply with the protection order, the applicant can apply for subsequent penalties.

How does the CRT’s process work?

The CRT’s free online Solution Explorer is the first step in the claims process. It asks simple questions and gives customized legal information and options in response. It also has self-help tools and referrals. The Solution Explorer helps people better understand their legal issue and options.

There is no fee to make a CRT claim for an intimate image protection order or administrative penalty. For damages claims, the fee is $100 to $150 depending on the claim’s value. There is a $25 discount for applications made online.

After someone files a claim, a CRT case manager contacts the applicant to discuss options and next steps. They help the applicant navigate the CRT process, explain steps and timelines, and help them prepare for a CRT decision. A CRT tribunal member will issue a legally binding and enforceable decision. IIPA decisions are typically issued within one week, but this can vary depending on the CRT’s IIPA case volumes and whether the applicant has all the necessary information at the outset.

Can minors bring a claim to the CRT without a litigation guardian?

The legislation allows minors to pursue legal action to stop the distribution of their intimate images. Specifically, a person who is 14 years of age or older can make a CRT claim for an intimate image protection order, without assistance by a parent or any other adult. Young people aged 12 and 13 can apply for a protection order with the assistance of an adult representative of their choosing.

How many claims has the CRT received?

As of June 30, 2024, the Intimate Images Solution Explorer had been used 864 times, and the CRT had received 113 applications for an intimate image protection order, two applications for an administrative penalty, and 13 applications for damages under the IIPA. As of the end of June, the CRT had made 54 decisions in protection order claims, and five decisions in damages claims.

Where else can someone get help?

The B.C. government’s Intimate Images Protection Service offers emotional support, general information and referrals. They may also be able to help participants with the CRT process and sending intimate image protection orders. They can be reached toll-free at 1-833-688-4381.