News Release

FREDERICTON (GNB) – The provincial government has introduced the Intimate Images Unlawful Distribution Act.

The act, if passed, would create civil liability for the distribution, or threatened distribution, of intimate images without the consent of the person depicted in the image and provides remedies for the victims.

“This kind of violation can cause significant – and often irreversible – psychological, economic and reputational harm to the victim,” said Justice and Public Safety Minister and Attorney General Hugh J. Flemming. “This legislation will send the important message that, regardless of motive or method, there is no justification for sharing a private intimate image of a person without their consent, and there will be consequences for doing so.”

Key features of the legislation are that an intimate image would be defined broadly to include visual recordings in which a person is, or is depicted to be, nude, nearly nude, or engaging in sexual acts. It would also include altered images, such as so-called “deepfakes,” as well as livestreamed images.

Additionally, the legislation would allow that consent can be revoked, and it would provide for a publication ban on the identity of the victim when they begin a court proceeding.

The legislation would provide two ways to obtain relief. Firstly, victims would be able to apply to the court, on an expedited basis, for an order to have the intimate image destroyed and taken down from internet platforms. Secondly, on finding fault, the court could also award a larger array of damages, including general, special, aggravated and punitive damages.