CHARLOTTETOWN, P.E.I. — A bill providing improved legal support for Islanders who have had intimate images shared without their consent is likely to achieve royal assent by the end of this legislative session.
The bill, introduced by Opposition Green MLA Karla Bernard, would make the distribution of intimate images, without consent, a tort – or infringement of someone’s rights – that could lead to civil liability.
An individual who starts a legal action would still have their privacy protected.
The bill passed second reading in the legislature on June 30 without any dissenters from government or Opposition.
The non-consensual sharing of intimate images is currently prohibited under the Criminal Code. But Bernard told the house that P.E.I.’s reported number of incidents is above the national average.
“While those Criminal Code provisions offer Islanders a criminal avenue to address the non-consensual distribution of intimate images, it might not be appropriate in all cases,” Bernard said.
“Some people might be uncomfortable approaching the police about their issue. Some, for whatever reason, might not want to see criminal charges brought against the person who had distributed the image.”
An individual could sue in civil court under this new bill. In cases where an intimate image was alleged to have been shared without the consent of an individual involved, the onus would be on the individual who shared the image to demonstrate there was consent for distribution of the image.
The bill defines an intimate image as a photo or video of an individual and includes depictions of an individual who is nude, is engaged in showering, toileting or other personal bodily activity, is engaged in explicit sexual activity or is recorded from beneath or under the person’s clothing.
The definition also includes situations where such recordings were conducted in a manner “that gave rise to a reasonable expectation of privacy”.
“This bill will support Islanders who have been victimized by the non-consensual distribution of intimate images by further empowering them to hold their abusers accountable,” Bernard said.
During question period recently, Justice and Public Safety Minister Bloyce Thompson was asked by his fellow Progressive Conservative colleague Sidney MacEwen how his department would educate members of the public about the bill.
“Sharing these images are very concerning to the department and to everybody in government or anyone who has family,” Thompson said.
“It’s going to be important to educate everyone in the justice system, but it’s also going to be important to work with the student well-being teams in education and also to work with my counterpart in the Status of Women.”
Education Minister Brad Trivers said the province’s director responsible for school curriculum was aware of the new bill and said it would be “taken into account” in the development of the new health curriculum.
Natalie Jameson, minister responsible for Status of Women, also spoke favourably of the bill and said she had spoken to staff within the Interministerial Women’s Secretariat.
“We’re completely fully committed to supporting the education and ensuring that there’s public awareness across the board,” Jameson said.
