What is the offence of sharing intimate pictures online?

Criminal Law /
Céline Dostaler
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By LegalMatters Staff • Two common reasons for the non-consensual distribution of intimate images are revenge porn and cyberbullying, though some people may not know what those terms mean.

“Revenge porn describes the act of receiving an intimate image or video from someone and then distributing it without their consent,” says Ottawa criminal lawyer Céline Dostaler. “Non-consensual pornography can also describe hidden or secret recordings and pictures and videos stolen from an individual’s computer or phone.”

An intimate image is any visual recording that exposes a person’s genitals, anal region or breasts in a sexually explicit manner, “taken in circumstances that gave rise to a reasonable expectation of privacy,” she explains.

“You can be convicted of this offence if you published, distributed, made available or advertised an intimate image of a person and you knew they did not give their consent to that action,” says Dostaler. “You can also be convicted if you were ‘reckless as to whether or not that person gave their consent’ to have the photo circulated.”

She says cyberbullying often arises when people, especially youths, exchange intimate images with close friends and even strangers.

“They do not realize they are opening themselves up to cyberbullying attacks, where the other person threatens to share the photos with others unless the victim sends more images,” says Dostaler. “Sharing intimate or sexual images or videos without the other person’s consent is a crime, no matter what the age of the person shown.”

She adds legislation concerning the non-consensual sharing of intimate images was added to the Criminal Code in 2015 after two young Canadian women were driven to suicide after they were cyberbullied and their intimate images shared online.