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Is it a Criminal Offence to Post an Intimate Image?
In Canadian criminal law, publishing an intimate image refers to the act of distributing, sharing, or making publicly available a picture or video of an individual that depicts them in an intimate or sexually explicit context, without their consent. This offense is commonly known as “revenge porn” and is considered a form of cyberbullying and harassment. It is often committed by a former partner, with the intention of humiliating or intimidating the victim.
The offense is punishable by up to five years in prison.
What is an “Intimate Image”?
An intimate image is defined as a visual representation, including a photograph, film, or video recording, in which a person is nude, partially nude, or engaged in explicit sexual activity, and the circumstances suggest that the person intended that the image would remain private.
Intimate images can include images taken consensually by a person, as well as images that were taken without the person’s knowledge or consent, such as hidden camera recordings or images that were taken by someone else without the person’s permission.