The law makes it illegal to share intimate images of someone without their consent. The law also allows the person whose images were shared to sue the other party.
The Privacy Act provides people with remedies when someone shares intimate images of them without their consent. Intimate images include things like photos or videos where someone is either:
At the time of the image, the person depicted must have had a reasonable expectation of privacy. It does not matter whether the person who is in the image can be identified. It also does not matter if the image has been altered. It is up to the person who shared the image to prove that they had consent to do so.
People can consent to the images being recorded or agree to share or exchange existing images without losing their expectation of privacy. In other words, they can do this with the intention that it remain private between the parties. Sharing intimate images beyond these circumstances is a violation of the Act.
…[non-consensual distribution of intimate images] can have enduring and detrimental effects on its victims both online and offline. Harm can flow not only from the non-consensual distribution itself but also from the knowledge that this offence may never, in effect, end.
Harms resulting from [non-consensual distribution of intimate images] range from humiliation, public shaming, and loss of confidence to unemployment, depression, forced identity changes, and potentially suicide.
The Act provides remedies to address the potentially devastating impact of this type of abusive behaviour. Remedies include:
Civil suits can be in addition to criminal charges or used as an alternative to criminal charges.
This site provides general information about workplace sexual harassment only. It is not a substitute for receiving legal advice about your situation. Request a Referral to receive 4 hours of free legal advice.
The Shift Project is funded by the Department of Justice and delivered by the Public Legal Education Association of Saskatchewan (PLEA).