Educators say new intimate image legislation 'a huge leap forward' for B.C. youth

New legislation introduced by the provincial government that targets people who post intimate images online without consent could vastly help youth, say some B.C. educators.

On Monday, Attorney General Niki Sharma said the Intimate Images Protection Act will enable victims to claim compensation from people who shared their photo without permission.

It will also streamline the process for photos — such as intimate images, near-nude images, videos, livestreams and digitally-altered images and videos — to be taken down.

During the news conference, Sharma told people who have been victimized that they have done nothing wrong and they have the right to privacy.

"You have the right to control your own images, and no one has the right to hurt you," she said, encouraging victims to reach out for help.

Sharma's announcement was welcomed by Danniel Lin, a secondary school counsellor in Metro Vancouver who said he has encountered this issue in his job.

Lin said while there are rules and codes of conduct in place at B.C. schools, having legal recourse available for victims is an improvement.

"The situations that I've seen that have come up with youth regarding this particular matter, it's about the guilt, the shame...they believe it's the biggest mistake that they've made in life," said Lin, speaking Tuesday on The Early Edition.

According to Sharma, the legislation will require perpetrators to destroy the images and remove them from the Internet, search engines and all forms of electronic communication. It will also order online platforms such as Facebook and Instagram to remove the intimate images and de-index them from their search engines.

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These changes, said Lin, could help exploited youth with the emotional and psychological aftermath of having their image leaked.

"It takes really a lot of healing to move forward from some of these traumatic events that takes place for these young people," said Lin.

Sharing intimate images without consent is often referred to as "revenge porn," though advocates stress many who have their images shared have not done anything to deserve such treatment.

Uptick in incidents

The government said a national hotline reported a 58 per cent increase in the non-consensual sharing of intimate images by the start of 2021, compared with the nine-month period before April 1 the previous year.

Jillian Roberts, a clinical psychologist and associate professor at the University of Victoria, expects the legislation to be a "huge leap forward" on what she says is an "incredibly common" problem among young people.

Roberts said the introduction of Snapchat, which allows images to disappear after they have been viewed, and the isolating effects of the pandemic, were both contributing factors to what she says made sexting "almost a part of the courting process."

"It's one thing to be exploring yourself and your sexuality within a safe partnership, and it's quite another to be taken advantage of," said Roberts, speaking on The Early Edition.

According to the province, the Civil Resolution Tribunal — an online tribunal that is part of B.C.'s justice system — is working to expand its online portal to help provide people with information on their rights, tools to begin remedial action, and community and mental-health supports.

"So many components of this legislation — from the quickness that someone can respond to that portal, to the ability to seek remedies in civil court — it's going to be, I believe, a significant and huge deterrent," said Roberts.

If the bill is approved, the Attorney General said the legislation will be retroactive or available to prosecutors back to the moment it was tabled Monday.

The publication of intimate images without consent is already an offence under Canada's Criminal Code.

B.C.'s new legislation will help tackle the issue in civil matters.