Cybertip.ca

Canada’s national tipline for reporting the online sexual exploitation of children

Online Harms: Intimate Images

Is There a Sexual Image of You Online and You Don’t Know What to do?

If you are under 18 and someone is sharing an intimate image or video of you, there ARE steps you can take. We can help.

  • I want to report to Cybertip.ca.

    Go to the Cybertip.ca report form and click the bottom left box to begin.

  • I want to talk to someone on the phone.

    Cybertip.ca can help provide you with more information about how to regain control of an image and/or the resources that may be available to help. Call us at toll-free at 1-866-658-9022.

  • I want to get the image/video off the internet.

Learn more about how the C3P is using technology to reduce the availability of CSAM and to combat the cycle of abuse for survivors through Project Arachnid.

  • If you do not know if your image/video is online or being shared and you are worried that it might happen, or if you know it is being shared and you want it to stop, you might want to send a message to the person who has your image/video saying something like:

    I do not consent to you having the image/video of me [add description, such as, “that I sent you on (DATE)”], I want you to delete it and I do not give you permission to share it with anyone.

    Sending a message like this is important because once the person knows how you feel they can no longer say they didn’t know your views. You can send a text or email, tell the person by phone or in person, or have someone else communicate the message. The best way to send a message, however, is in writing so you will have a copy of what was sent.

  • If you are scared that an intimate image/video of you will be shared by someone, you can apply for something called a prevention order (i.e., an order from a court that names a specific person and tells them not to share or post an existing intimate image/video). Involving a safe adult to help you would probably be a good idea if you want to go down this path.
  • You can also report your concern to us through our Cybertip.ca report form or to local police. If you decide to enter a report at Cybertip.ca, once it has been processed, all information connected to it may be forwarded to law enforcement and/or child welfare for review and investigation.

  • Report your concern to Cybertip.ca or to police in your area. You can also contact Cybertip.ca for help by calling us toll-free at 1-866-658-9022.
  • Tell your parents or guardians about what is happening so they can immediately help you with the situation.
  • If you can’t talk to your parents or guardians, tell a safe adult (e.g., teacher, counsellor, relative) about what is going on so they can help you address the situation.

If your situation involves an adult who has or is sharing your intimate image/video, you should immediately report your situation to local police or Cybertip.ca.

  • Needhelpnow.ca is designed to provide youth (13 to 17 years old) with practical steps to regain control over the situation. This includes information about contacting websites/online services to request an image/video be removed, dealing with peers who may have seen or are sharing the content, the importance of emotional support, and information on certain criminal offences.
  • You can contact Kids Help Phone (1-800-668-6868), an anonymous and confidential counselling service.
  • You can find a counsellor either at school or by searching online for drop-in services in your community.
  • If you are a Canadian, you can call us toll‑free at 1-866-658-9022 if you need help finding the proper support services in your area.
  • Our Resource Guide for Families is available to assist families when responding to self/peer exploitation incidents.

Canada has a law to help deal with the non consensual distribution of an intimate image. It is illegal for a person to distribute an (intimate image) of another person without that person's consent.

If someone has an intimate image/video of you that was created in private circumstances, and that person knowingly posts it online or shares it with someone else knowing that you would not consent to it (or being reckless about whether you would consent to it), the person could be charged. Given the serious nature of criminal charges, police will need to verify that the person in the picture/video is you‑– you may need to provide any messages you sent or received about the picture/video, or other details about it, such as identifying features.

Certain provinces have additional legislation in place that would allow you to bring a civil action in court against the person(s) who distributed your intimate image without your consent. See “Additional Legislation in Certain Provinces” below for more information.

Cybertip.ca deals with online sexual victimization involving individuals under 18 years of age. However, it is important to note that the non consensual distribution of an intimate image offence also applies to adults. If you are an adult concerned about an intimate image being shared without your consent, learn more about the steps you can take.

Note: While posting a recording online or sharing it by phone are likely the most common ways this offence will take place, the offence also includes selling the image, advertising the image, or making it available such as posting a link to the image

Additional Legislation in Certain Provinces

The following provinces have their own additional legislation in place to complement the existing criminal law related to the offence of non-consensual distribution of an intimate image. If you are affected by someone having and/or sharing your intimate image, select your province below for more information. Note that British Columbia, Ontario, Québec, New Brunswick, Yukon, the Northwest Territories, and Nunavut do not currently have any additional legislation in place.

Alberta

Protecting Victims of Non‑Consensual Distribution of Intimate Images Act

What you should know:

  • This Act defines an intimate image as a visual recording of a person made by any means (including a photograph, film or video recording) in which:
    • the person depicted in the image is nude, or is exposing their genital organs or anal region or breasts OR is engaged in explicit sexual activity;
    • the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
    • if the image has been distributed, the person depicted in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
      • Note: Under this Act, distributing means knowingly publishing, transmitting, selling, advertising or otherwise making the image available to a person other than the person depicted in the image.

What you can do:

  • Under this Act, you may bring a civil action, even without proof of damage, if a person has distributed an intimate image of you knowing that you did not consent to the distribution, or if the person was reckless as to whether or not you consented to the distribution.
  • In an action under this Act, the court may
    • award damages to you;
    • order the defendant (the person who distributed your image) to account to you for any money/profits they have received as a result of distributing your intimate image without your consent;
    • issue an injunction (an order that restrains the person from beginning or continuing to do something, like distributing the image) based on what the court determines is appropriate; AND
    • make any other order that the court determines is just and reasonable.

Other important things to know:

  • In an action under this Act, you do not lose the expectation of privacy with respect to your image if:
    • you consented to another person recording the image, or
    • you provided the image to another person, in circumstances where that other person knew (or should reasonably have known) that you did not consent to the further distribution of your image.
  • There is a defence to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
  • If the person distributing your image is under 18 years of age, their parent(s) cannot be held jointly and severally liable for any damages awarded to you unless the court is satisfied that the parent(s) directly participated in the distribution of your image.
  • In awarding damages under this Act, the court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information likely to identify a person if the court considers it to be in the interests of justice.

Who to contact for more information about this Act:

  • Connect with a lawyer. The Law Society of Alberta’s Lawyer Referral Service may be able to assist you with finding a lawyer where you live.
  • Attend your local court house and ask the clerk to provide you with information regarding your options.
  • The Government of Alberta’s Victim Services

Manitoba

The Intimate Image Protection Act

What you should know:

  • This Act defines an intimate image as a visual recording of a person made by any means (including a photograph, film or video recording) in which:
    • the person depicted in the image is nude, or is exposing their genital organs or anal region or breasts OR is engaged in explicit sexual activity;
    • the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
    • if the image has been distributed, the person depicted in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
      • Note: Under this Act, distributing means knowingly publishing, transmitting, selling, advertising or otherwise distributing or making the image available to a person other than the person depicted in the image.

What you can do:

  • Under this Act, you may bring a civil action, even without proof of damage, if a person has distributed an intimate image of you knowing that you did not consent to the distribution, or if the person was reckless as to whether or not you consented to the distribution.
  • In an action under this Act, the court may
    • award damages to you;
    • order the defendant (the person who distributed your image) to account to you for any money/profits they have received as a result of distributing your intimate image;
    • issue an injunction (an order that restrains the person from beginning or continuing to do something, like distributing the image) based on what the court determines is appropriate; and
    • make any other order that the court determines is just and reasonable.

Other important things to know:

  • In an action under this Act, you do not lose the expectation of privacy with respect to your image if:
    • you consented to another person recording the image; or
    • you provided the image to another person; in circumstances where the other person knew (or should reasonably have known) that the image was not to be distributed to any other person.
  • There is a defence to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
  • In an action under this Act, the court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information likely to identify a person if the court considers it to be in the interests of justice.
  • The Act also states that if you have had your intimate image distributed without your consent or if you believe it is about to happen, the provincial government must make appropriate information and resources available to you if you request them. Supports may include:
    • providing information or assistance to enable you to have your intimate images returned, destroyed, deleted or removed from the internet or any other place where your images may be viewed by other people;
    • providing information or assistance that may facilitate the resolution of a dispute with a person who may be in possession of your intimate image or who may have distributed your intimate image, including information about mediation or dispute resolution where appropriate; and
    • providing information about legal remedies and protections available to you.

Who to contact for more information about this Act:

  • The Canadian Centre for Child Protection (C3P), through Cybertip.ca, was named the designated agency to receive reports and respond to victims whose intimate images were distributed without their consent. For more information or assistance, contact Cybertip.ca online.
  • Connect with a lawyer. Manitoba’s Community Legal Education Association (CLEA) operates a Law Phone-In and Lawyer Referral Program that can be reached by calling (204) 943-2305 or 1-800-262-8800 (outside Winnipeg).
  • Attend your local court house and ask the clerk to provide you with information regarding your options.
  • The Government of Manitoba’s Victim Services.

Newfoundland and Labrador

Intimate Images Protection Act

What you should know:

  • This Act defines an intimate image as a visual recording of a person made by any means (including a photograph, film or video recording) in which:
    • the person depicted in the image is nude, or is exposing their genital organs or anal region or breasts OR is engaged in explicit sexual activity,
    • the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
    • if the image has been distributed, the person depicted in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
      • Note: Under this Act, distributing an intimate image means publishing, transmitting, selling, advertising or otherwise making the image available to a person other than the person depicted in the image.

What you can do:

  • Under this Act, you may bring a civil action, even without proof of damage, if a person has distributed an intimate image of you knowing that you did not consent to the distribution, or if the person was reckless as to whether or not you consented to the distribution.
  • In an action under this Act, the court may
    • award damages to you;
    • order the defendant (the person who distributed your image) to account to you for any money/profits they have received as a result of distributing your intimate image and make an order in your favour with respect to recovering those profits from the defendant;
    • issue an injunction (an order that restrains the person from beginning or continuing to do something, like distributing the image) based on what the court determines is appropriate, and
    • make any other order that the court determines is just and reasonable.

Other important things to know:

  • In an action under this Act, you do not lose the expectation of privacy with respect to your image if:
    • you consented to another person recording the image, or
    • you provided the image to another person, and the other person knew (or should reasonably have known) that you did not consent to the further distribution of your intimate image.
  • Reverse onus – Where an action is commenced under this Act, the court will, as a starting point, presume that your intimate image was distributed without your consent. It will be up to the defendant to establish that they had reasonable grounds to believe that they had your ongoing consent to distribute your image.
  • There is a defence to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
  • The court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information that might identify a person if the court considers it to be in the interests of justice. Until the court decides whether to issue such an order, no person shall publish or make public the names of the persons tied to the action or any information that might identify those persons.
    • Note: Where a person involved in the action is under the age of majority (19), their name or any information that might identify them will not be published or made public, even after that person reaches the age of majority.

Who to contact for more information about this Act:

  • The Public Legal Information Association of Newfoundland and Labrador (PLIAN) has a Lawyer Referral Service that may be able to assist you with finding a lawyer where you live.
  • Attend your local court house and ask the clerk to provide you with information regarding your options.
  • The Government of Newfoundland and Labrador’s Victim Services.

Nova Scotia

Intimate Images and Cyber‑protection Act

What you should know:

  • This Act defines an intimate image as a visual recording of a person made by any means (including a photograph, film or video recording) in which:
    • the person depicted in the image is nude, or is exposing their genital organs or anal region or breasts OR is engaged in explicit sexual activity,
    • the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
    • if the image has been distributed, the person depicted in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
      • Note: Under this Act, distributing means publishing, transmitting, selling, advertising or otherwise distributing or making the image available to a person other than the person depicted in the image.

What you can do:

  • If you are an individual whose intimate image was distributed without your consent you may apply to the court for an order. If you are under the age of 19, your parent or guardian may apply on your behalf.
    • In your application, you have to identify the person who is distributing your intimate image by name. If you do not know their name, you can identify the Internet Protocol address (IP address), website, username or account, email address or other unique identifier used for distributing your intimate image.
  • The court may make one or more of the following orders:
    • an order prohibiting the person from distributing your intimate image;
    • an order prohibiting the person from contacting you or another person in the future;
    • an order requiring the person to take down or disable access to your intimate image;
    • an order declaring that your image is an intimate image;
    • an order referring the matter to dispute-resolution services;
    • an order requiring the person to provide you with any information in their possession that may help identify a person who may have used various forms of electronic communication to distribute your intimate image without your consent;
    • an order requiring the person to pay damages to you;
    • an order requiring the person to account to you for any profits they received as a result of distributing your image;
    • any other order that the court determines is just and reasonable

Other important things to know:

  • You do not lose the expectation of privacy with respect to your image if:
    • you consented to another person recording the image, or
    • you provided the image to another person, in circumstances where the other person knew (or should reasonably have known) that the image was not to be distributed to any other person.
  • Where any person involved in an action is a minor (under 19), their name or any information that might identify them will not be published or broadcast, even after they reach the age of majority, and they will instead be identified by a pseudonym.
  • If the applicant (the person whose intimate image was distributed) is an adult, they can make a request to the court that their name or any information that might identify them not be published or broadcast and that they be identified by a pseudonym instead.
  • There is a defence to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
  • A person who violates an order made by the court under this Act‑– other than an order for payment of damages or an order for accounting of profits‑– is guilty of an offence and is liable to a fine of up to $5000 or to imprisonment for up to 6 months or to both.

Who to contact for more information about this Act:

  • Connect with a lawyer. The Legal Information Society of Nova Scotia (LISNS) has a Lawyer Referral Service and may be able to assist you with finding a lawyer where you live.
  • Nova Scotia’s CyberScan.
  • Attend at your local court house and ask the clerk to provide you with information regarding your options.
  • The Government of Nova Scotia’s Victim Services.

Saskatchewan

The Privacy Act – Privacy of Intimate Images

What you should know:

  • This Act defines an intimate image as a visual recording of a person made by any means (including a photograph, film or video recording) in which:
    • the person depicted in the image is nude, or is exposing their genital organs or anal region or breasts OR is engaged in explicit sexual activity;
    • the image was recorded in circumstances that gave rise to a reasonable expectation of privacy in respect of that image; AND
    • if the image has been distributed, the person depicted in the image retained a reasonable expectation of privacy in respect of that image at the time it was distributed.
      • Note: Under this Act, distributing means publishing, transmitting, selling, advertising or otherwise distributing or making the image available to a person other than the person depicted in the image.

What you can do:

  • Under this Act, you may bring a civil action, even without proof of damage, if a person has distributed an intimate image of you knowing that you did not consent to the distribution, or if the person was reckless as to whether or not you consented to the distribution.
  • In an action under this Act, the court may
    • award damages to you;
    • order the defendant (the person who distributed your image) to account to you for any money/profits they have received as a result of distributing your intimate image and make an order in your favour with respect to recovering those profits from the defendant;
    • issue an injunction (an order that restrains the person from beginning or continuing to do something, like distribute the image) based on what the court determines is appropriate; and
    • make any other order that the court determines is just and reasonable.

Other important things to know:

  • In an action under this Act, you do not lose the expectation of privacy with respect to your image if:
    • you consented to another person recording the image; or
    • you provided the image to another person;
    • in circumstances where the other person knew (or should reasonably have known) that the image was not to be distributed to any other person.
  • Reverse onus – Where an action is commenced under this Act, the court will, as a starting point, presume that your intimate image was distributed without your consent. It will be up to the defendant to establish that they had reasonable grounds to believe that they had your ongoing consent to distribute your image.
  • There is a defence to a civil action under this Act if the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted in the image) and the distribution did not extend beyond the public interest.
  • In an action under this Act, the court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information likely to identify a person if the court considers it to be in the interests of justice.

Who to contact for more information about this Act:

Prince Edward Island

Intimate Images Protection Act

What you should know:

  • This Act defines an intimate image as a visual recording of a person, whether or not the person is identifiable and whether or not the image has been altered in any way, made by any means, in which the person is or is depicted as
    • engaging in a sexual act, OR nude or nearly nude or exposing the person’s genital organs, anal region or breasts, and
    • the person had a reasonable expectation of privacy with respect to the recording at the time the recording was made, and
    • if the recording has been distributed, the person had a reasonable expectation of privacy with respect to the recording at the time it was distributed.
      • Note: Under this Act, distributing means transmitting, publishing or otherwise making the image available.

What you can do:

  • A person depicted in an intimate image may claim relief from the court for damages.
  • The following are remedies the court may undertake if your intimate image has been distributed:
    • Order the person who distributed the image to pay nominal damages to you;
    • Declare the distribution to be unlawful;
    • Order the person who distributed the image to make every reasonable effort to make the image inaccessible, including by:
      • destroying all copies of the image in the person’s possession or control,
      • having the image removed from any platform operated by an internet intermediary (social media site, website etc.),
      • having the image de‑indexed from any search engine;
    • Order an internet intermediary (like an internet service provider or a social media platform) to make every reasonable effort to remove or de‑index the image;
    • Make any other order that the court determines is just and reasonable.
  • The following are remedies the court may undertake if a threat is made to distribute your intimate image:
    • Declare the threat to have been unlawful;
    • Instruct the individual who made the threat not to distribute the image;
    • Order the individual who made the threat to make every reasonable effort to make the intimate image inaccessible to others, including by destroying all copies of the intimate image in their possession or control;
    • Order the individual who made the threat to pay nominal damages to you;
    • Make any other order the court considers just and reasonable.

Other important things to know:

  • Under this Act, a person who distributes or threatens to distribute your intimate image commits a tort that is actionable without proof of damage;
  • Your consent is revocable. If you consented to the distribution of your intimate image and you later revoke that consent, and you communicate the revocation to a person who distributed your image, that person must make every reasonable effort to make your image inaccessible to others, including by:
    • destroying all copies of your intimate image in their possession or control;
    • having your image removed from any platform operated by an internet intermediary; and
    • having your image de‑indexed from any search engine.
  • Note that a person who does not make every reasonable effort to make the intimate image inaccessible per the above is liable for damages for any injury resulting from their failure to do so;
  • You cannot bring an application or claim against an internet intermediary if they have taken reasonable steps to address unlawful distribution generally on their services;
  • There are defences available under this Act. Specifically:
    • A person is not liable for damages if the person can prove that the distribution of the image was made in any of the following circumstances:
      • the person did not intend to distribute the image;
      • the person had (or honestly and reasonably believed that the person had) the consent of the individual depicted in the image to distribute the image at the time of distribution and to the extent consented to;
      • the distribution was made in the public interest (distributed in good faith in: law enforcement, a legal proceeding, medical treatment/education, to report/investigate unlawful or unsolicited conduct, or to assist the individual depicted) and distribution did not extent beyond the public interest.
    • It also appears that if the person can prove that they had consent to distribute the image, the remedies normally available may not be.
  • Under the Act, the court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information that may identify such person if the court considers it to be in the interests of justice. Note: Where the intimate image is of a minor, the Act provides for an automatic publication ban that remains in effect even after the minor reaches the age of 18.

Who to contact for more information about this Act:

  • Connect with a lawyer. Community Legal Information is a registered charity that can help you understand the law and navigate the justice system. It operates a Lawyer Referral Service in collaboration with the Law Society of Prince Edward Island.
  • Attend your local court house and ask the clerk to provide you with information regarding your options.
  • The Government of Prince Edward Island’s Victim Services.

The above is general information and is provided to help you better understand the law. It is not intended to include everything, and you should reference the actual legislation if you need to understand more about the law. It is NOT legal advice — consult a lawyer when needed. This area of law is relatively recent and it is not possible to predict how this particular law will be interpreted and enforced by police and the courts.