The Manitoba government is looking at strengthening a law that protects people whose intimate photos or videos are shared without their consent.
A review from the Crown law analysis branch of the Justice Department, tabled in the legislature this week, contains 10 recommendations to change the Non-Consensual Distribution of Intimate Images Act.
The law allows victims to sue perpetrators and receive support in getting images taken down from the internet.
One recommendation is to allow lawsuits against perpetrators for threatening to distribute images, even if they don’t follow through.
“This amendment is necessary because a threat to distribute an intimate image can be a control or coercion tactic used in violent intimate partner relationships,” the review states.
Another recommendation is to allow lawsuits if images are sent only to the victim. The current law governs distribution to other people.
“Sending the intimate image to the person depicted in the image is a tactic used to coerce and control,” the review said.
Other recommendations include making it easier for victims to get protection orders, including images of people that are “nearly nude” instead of requiring full nudity, and including images in which the victim is not identifiable.
AI-generated images
The NDP government acted earlier this year on another recommendation in the report. It passed an amendment in June to have the law include images that are generated or altered by computer, often called “deep fakes.”
Justice Minister Matt Wiebe said Thursday that the government will consult with legal experts and stakeholders such as the Canadian Centre for Child Protection before laying out its next steps.
“There’s no question that the public is more aware of this issue and they’re asking us to act on this,” Wiebe said Thursday.
“We’re committed to bringing forward or amending the legislation … to ensure that we get this right and that we continue to show Manitobans that we’re moving on this issue.”
The federal government provides criminal consequences for sharing intimate images without consent under the Criminal Code.
Manitoba and other provinces have laws that offer civil remedies.