My intimate image has been shared without my consent.

• Capture the URL where the image was posted.
• If the URL doesn’t include it, identify which website it was posted on.
• If the website shows who posted the image, also capture (by taking a screenshot or screen capture) the name of the person who posted it and any other profile information available about them.
• Try to capture the date/time the image was posted if possible and always record the date the evidence was collected.
• If there is any other related harassment, such as emails or texts, be sure to keep those as well.
• If the abusive person made any statements about posting your intimate image, record that in your documentation log.
• Do not alter or try to cover up the photo. When documenting the photo, keep it in its original form.
• If you are capturing any messages, make sure you document the ENTIRE conversation, even if parts of it are not relevant. Some courts will not accept partial messages.
• Make sure that there is a timestamp on all messages and posts
• Document all the information you have regarding the incident. Document who the offenders are, your relationship with them, the duration of the relationship and abuse, the impact of the abuse on your life, and any actions you have taken.
  • Think through what evidence you could preserve. This might include evidence of the image being shared, but it can also include any harassing messages or threats that were made to share your image, or, for example, evidence of the devices that logged into your Instagram account that day.
  • Capture any comments under the photo of video including who posted them, as these are “witnesses” to the NCDII.
• Protect your evidence by making multiple copies and save them in secured digital locations organized by date and time. Depending on your situation, examples of a safe place to store evidence might be on a computer only you have access to, on a USB or external hard drive only you have, or on a Google Drive only you can access. Print out the screenshots and keep them in a physical evidence binder. Make sure to print all pieces of evidence, including images of the webpage where the videos are posted, the profile or account of the poster, and any surrounding conversations.
• For some takedown services like Take it Down Now or Stop NCII, you might need to be in possession of the image being shared. Avoid deleting your image off of your device right away.

• If sent via text message: take a screenshot of the text message and include a screenshot of their contact information to show the number associated with the name in your phone.

• If posted on a social media platform: make sure that the image or message that contains the intimate image contains the username that posted the image and any comments. Take a screenshot of the account/profile that sent or posted the intimate image.

Tech Safety Canada: Preserving Digital Evidence Toolkit

Tech Without Violence: Step-by-Step Guides for Tech Safety Skills

Tech Without Violence: Video Screen Recording

If someone has distributed an intimate image of you without your consent, immediately notify them that they do not have your consent to publish or otherwise share the image and keep a copy of that communication. You can send a message like:

“I do not consent to you sending/sharing the image/video of me [add a description such as including the date sent or any other identifying factors]. I am asking you to delete it and I do not give you permission to share it.”

Preserve evidence of the message you send. For more information about communicating with the person sharing your image without your consent, you can view our resources on Legal Responses and Personal and Relationship-Based solutions.

1. Click ••• (IOS and Windows Phone) or (Android) above or below the post.
2. Click Report.
3. Click “It’s inappropriate.”
4. Follow the on-screen instructions.

 For BCSTH’s video on how to report on Facebook and Instagram, visit the Tech Without Violence toolkit.

If you have an account:

1. Click on the Comments link under the post.
2. Click Report under the title.
3. Type in “Involuntary Pornography” as the report reason.
4. Click Submit.
5. Send the URL of the comments page to contact@reddit.com with the subject Involuntary Pornography Report.

If you do not have an account:

1. Click on the Comments link under the post.
2. Send the URL of the comments page to contact@reddit.com with the subject Involuntary Pornography Report.

1. To remove non-consensual explicit or intimate personal images on Google, click here.
2. Click Start Removal Request. You will then be directed to answer some questions. For “I want to remove,” click “Nude or sexually explicit items” and answer the questions. You will need to provide the URL(s) of the webpage(s) that show the content and upload screenshots of the content you wish to remove.

For some survivors, the biggest worry is that these images will come up if someone searches for them. You can submit a request to Google or Bing and ask that they remove the URL links with your image from search results. This way, when someone searches your name, it’s not the first thing that comes up.

For more information on removing images from search engines and websites, visit the Cyber Civil Rights’ Initiative’s Safety Centre

Stop NCII is an image removal service for survivors over the age of 18. It is operated by the Revenge Porn Hotline that helps remove images posted on partner platforms (e.g., Instagram, Bumble, Only Fans). It can be used once an image is shared, or before an image has been shared. You will need to be in possession of the image that has been shared/someone is threatening to share.

Here are some tips that may be helpful:

• If your photos and videos are automatically uploaded to an online cloud service, check to make sure that those accounts are secure and someone else doesn’t know the password. It is always a good idea to make sure that all your online accounts are secure and that no one else but you knows the passwords.
• Review the privacy settings of your social media accounts, so you know who sees what you share. You may want to review your friends and followers, and if there is anyone you don’t want to see your information, you may unfriend them or remove them as a follower of your account.
• Put passcodes on your devices, particularly devices that have photos and videos of you.
• If you feel comfortable, consider creating a Google Alert for your name so that if anything is posted online with your name, you will get an alert. This will be best for someone with a name that isn’t very common. Also make sure you’ll be okay getting an alert, even if that means you’ll know each time your intimate image has been re-posted. Some survivors find this helpful to do, while others feel that this can be difficult.
• Consider blocking or reporting any harassing messages or accounts. It’s important to note that after blocking or reporting you may lose access to private messages, or the ability to see what they’re posting on their account. Consider preserving evidence of this harassment first. Reviewing the privacy settings of your social media accounts might also help to limit any harassing messages.

For more information on tech safety planning or securing your devices and accounts, you can explore the following resources:

Tech Safety Canada: Technology Safety and Privacy Toolkit

Tech Safety Canada: Tech Safety Planning Toolkit

Tech Safety Canada: Digital Breakup Tool

Tech Without Violence: How to Report Abusive Accounts and Content

Tech Without Violence: Securing your Cloud

Tech Without Violence: 3 Ways to Increase Password Security

Tech Without Violence: How to Block Phone Numbers

Tech Without Violence: Securing Your Location Settings

Section 162.1 of the Criminal Code, “Publication of an Intimate Image Without Consent,” states that it is an offence to publish, distribute, make available, or advertise an intimate image of a person without their consent.

If this has happened to you, you have options. This includes reporting the criminal conduct to the police or applying for a peace bond, which is a court order that requires the person misusing your image to “keep the peace” and if they violate the terms they can be charged with a crime of disobeying the order. Speaking with a support worker, anti-violence worker, or trusted adult is a good idea as they can help you consider all your options, which might include:

• Reporting to the Police: One option is to report to the police. It is an offence according to the Canadian Criminal Code to distribute non-consensual images.

• Getting Legal Advice: In some cases, you may want to review your legal options. Check out BCSTH’s Legal Remedies for the Distribution of Non Consensual Images Tip Sheet for more information.

• Seeking Support from an Anti-violence Program: If the intimate image-based violence is part of a pattern of domestic or sexual violence, seek support from an anti-violence program in your community. They can help you with other things that are happening, along with the image-based abuse. For more information about community resources and supports, see this list of Community Supports.

For more information on what is involved with “Next Steps”, visit BCSTH’s page “What to do if Someone has Shared or Threatened to Share Your Intimate image” or “Non Consensual Distribution of Intimate Images”. You can also explore your options for Legal Responses, Community Supports, and Personal and Relationship Based solutions on Compass.

In January 2024, the Intimate Images Protection Act (IIPA) became a new law. This law is meant to help people whose nude or nearly nude images have been shared without their consent. One of the things it does is it helps people get a court order to get their images taken down more quickly than was possible before. There is a “fast track” option to file your complaint with the Civil Resolution Tribunal (CRT) solution explorer which will be much quicker than filing with the courts. 

This law includes real images and images that have been altered to make someone look like they are nude or engaged in sexual activity, such as photoshopped or deepfaked images. 

The Civil Resolution Tribunal (CRT) is the body that handles fast track complaints under this law. This option offers people ways to ask for a court order to get the images taken down, deleted or deindexed by the person who posted them or the website they appear on. 

If you make a complaint under this option, you can also request financial compensation of an amount up to $5,000 (monetary damages), as well as to seek reimbursement for the legal costs that come from the CRT application process. 

To learn more about the options available through the CRT, you can use their solution explorer. 

Additionally, if you want to file a complaint with the regular courts you still can. This will take much longer but there are additional options with the traditional court system, such as asking for more than $5,000 for the harms you experienced. If you are unsure which option to choose, we recommend speaking to a lawyer for advice. 

People living in BC have a right to privacy, which is protected by the Privacy Act. Under this law, a person can seek money (damages) or an order to have an image removed (injunction) if taking or sharing the image was a violation of their privacy. This law can be particularly helpful if someone took a nude image of you but didn’t actually share it with anyone. 

Under the Privacy Act:

• Secret recordings have been found to violate the Privacy Act, even if they were not distributed, such as when someone secretly recorded another person in the bathroom or changing in their room.
• Even if the image is not distributed, taking an intimate image can violate the Privacy Act. 
• Sharing a nude or nearly nude image can violate the Privacy Act. 

The Copyright Act deals with copyright infringement. 

Anyone who takes a photo owns the copyright to that image and they are the only ones who are allowed to share or use that image. You don’t have to apply to have copyright over an image or other material that you created, you automatically have copyright. 

Often people take nude photos or videos of themselves, which means they also own the copyright to that image. So even if you shared it with someone, that doesn’t mean that they can share it with anyone else. If they post it anywhere else or forward it on to someone else, this violates your copyright and you can make a copyright complaint. It doesn’t matter what the content of the image or video is, it only matters that you took the image and therefore own the rights to it. 

The Copyright Act is a federal law, and so the claims under this act are dealt with in the Federal Court, rather than Provincial or Supreme Court here in BC. 

Under this law, if someone has violated your copyright by using your image without consent, you can ask the court to seek money (damages) or an order to remove the image (injunction). This can include things like:

• Screenshotting and sharing copies of an image (“reproduction of their material”)
• Posting the image on a social media or pornography website (“publication of their material if it is unpublished”) 

The benefit of using copyright law is that it doesn’t matter whether the image is nude or nearly nude, or whether you had a reasonable expectation of privacy in the image, which is required under some of the privacy and intimate image laws. What this means is that a copyright claim might provide more flexibility than other legal remedies. The copyright owner (i.e. you if you took the photo or video yourself) can bring a copyright complaint against an internet platform (e.g., Instagram, YouTube) or a person (e.g., the person who shared your image). 

You can also send a notice of copyright infringement to an internet service provider, which then requires the internet service provider to tell the user that they are violating your copyright.

In the US, there is a law called the Digital Millennium Copyright Act (DMCA) which requires internet service providers and platforms to remove content if they are notified that it violates copyright. This is called a “notice and takedown” regime. Unlike the Canadian law which only makes internet service providers tell the website or user that they may be violating copyright laws, this law requires them to take it down. 

Although the DMCA is not a Canadian law, it can provide protection to Canadians whose images appear on American websites. For example, many large online platforms like Facebook and Instagram are owned by American companies, which means they are subject to American law. If a Canadian found their intimate images on a site like Twitter, they could be protected by this law. They could have an image removed by sending a notice to Twitter using the notice and takedown procedure of the DMCA. You can find more information on the Tech Safety Canada Website.

Under the Intimate Images Protection Act (IIPA), you can make an application to the Civil Resolution Tribunal to have an image removed. The CRT can help with image removal, by issuing a protection order that requires the image to be deleted, de-indexed and/or removed from a website or social media platform. People who do not comply with these orders can receive a penalty for each day that they don’t comply. A penalty can amount to up to $500 per day in the case of an individual, and up to $5000 per day in the case of an internet platform or organization (internet intermediary). 

If the person you bring a claim against is a minor, their privacy will be protected (i.e., they will be subject to an automatic publication ban), so their name will not be revealed in a written, published decision. To learn more about the Intimate Images Protection Act, you can visit the Government of BC’s website.

You can make a complaint under the Privacy Act in either Provincial or the BC Supreme Court. Individuals can claim up to $35,000 under the Privacy Act at the Provincial Court. The BC Supreme Court doesn’t have a monetary limit.

A claim under the Privacy Act or Copyright Act could result in more financial compensation for the person making the claim, however the claims tend to take longer and require legal representation or guidance from a lawyer. A claim through the CRT has an upper limit of $5,000 for financial compensation, but the process might be more accessible and affordable.

For information about how to file a claim at the Provincial Court, see the BC Government’s page on Small Claims Court. 

For information about how to file a claim at the Supreme Court, see the Supreme Court’s website.

You have the option to take action under the Copyright Act. You can send a copyright notice to request that your content be taken off a Canadian website, or go through the court to get an official takedown order. 

A copyright notice is different from a takedown order, which can only be ordered by a court. A takedown order carries more legal weight than a copyright notice, but a copyright notice may still be a useful step to take if you want to have content removed and the website is willing to remove it once it gets the notice. 

If you’d like to go through the process of getting a takedown order from a court, you can file a claim at Federal Court. For information on how to file a claim at Federal Court, see how to file a claim at Federal Court. 

Here is an example of a copyright notice for Canadian websites from York University. You can use it to request that your content be removed from their website. This letter includes highlighted lines that you can fill in with your details. 

Template Take Down Notice for Canadian Websites (“Notice and Notice”):

Subject: Copyright Infringement Notice

To whom it may concern:

This is notice pursuant to section 41.25 of Canada’s Copyright Act that your website service is hosting material that infringes copyright. You are required by section 41.26(1) of the Copyright Act to:

(a) as soon as feasible forward the notice electronically to the person to whom the electronic location identified by the location data specified in the notice belongs and inform the claimant of its forwarding or, if applicable, of the reason why it was not possible to forward it; and

(b) retain records that will allow the identity of the person to whom the electronic location belongs to be determined, and do so for six months beginning on the day on which the notice of claimed infringement is received or, if the claimant commences proceedings relating to the claimed infringement and so notifies the person before the end of those six months, for one year after the day on which the person receives the notice of claimed infringement.

Work(s): [Title(s)]

Location(s): [List all URLs]

File/Excerpt Name: [List all file names, If applicable]

Date and time of infringement: [Date infringement was found and viewed, note also if “ongoing”]

Infringing poster: [Name/profile name/account/any other identifying information if available]

I am the author and the copyright owner of the work(s) listed above. This/these work(s) has/have been posted to your service without my permission. Note that if your copyright-protected content has been inserted into a larger work, you must identify the specific parts of the work(s) in which you own copyright.

Claimant name: [Your name]

Contact information: [Business address, email, & phone number]

Please contact me at the email listed above indicating your prompt response.

Name

Date

If your content is on an American website or platform, you can use the Digital Millennium Copyright Act to make a request that your content be taken down.

Here is an example of a takedown notice for American websites from York University which you can use to request that your content be removed from the hosting site. This letter includes highlighted lines that you can fill in with your details.

Subject: Copyright Infringement Notice

To whom it may concern:

This is notice pursuant to section 512(c) of the Digital Millennium Copyright Act that your website service is hosting material that infringes my copyright. As a service provider, you are required to “expeditiously remove or disable access to” the infringing material”.

Work(s): [Title(s)]

Location(s): [List all URLs]

File/Excerpt Name: [List all file names, If applicable]

Infringing poster: [Name/profile name/account/any other identifying information if available]

I am the author and the copyright owner of the work(s) listed above. This/these work(s) has/have been posted to your service without my permission. Note that if your copyright-protected content has been inserted into a larger work, you must identify the specific parts of the work(s) in which you own copyright.

Claimant name: [Your name]

Contact information: [Business address, email, & phone number]

I have a good faith belief that the use of the material that appears on the service is not authorized by myself, the copyright owner, my agent, or by operation of law.

I declare under penalty of perjury, pursuant to the laws of the United States of America, that this notification is true and accurate, and that I am either the copyright owner or I am authorized by the copyright owner, its agent, or by operation of law.

Please contact me at the email listed above indicating your prompt response.

Signed, [Electronic or physical signature]

[Name]

[Date]

In some cases, someone might want to send a cease and desist letter to the person misusing their image. A cease and desist letter is a type of letter which demands that someone stop a particular type of behaviour, such as threatening to disclose an intimate image, and sets out the legal reasons why they are required to do so. A cease and desist letter will often include the possibility of the writer commencing a lawsuit against the other person if they fail to adhere to the demands or requests set out.

If you have concerns that sending a cease and desist letter might result in the person misusing your image escalating their behaviour, you can talk to a support worker to see if this option is right for you. You can also talk to a lawyer for advice, or to get help drafting a cease and desist letter. You can find resources in the community supports section.

It is important to understand the distinction between criminal and civil law when drafting a cease and desist letter. You cannot threaten to bring criminal charges against someone, as it is up to the Crown (government lawyer) to decide whether or not to pursue a criminal case, but you can warn them that you will report their behaviour to police. It is possible to report someone to police for suspected criminal conduct, and the police will decide on whether to pass that information along to the Crown. 

One option is to include language about the Intimate Images Protection Act or the Privacy Act in your Cease and Desist Letter.

Here is an example of what a cease and desist letter might look like. You could use something like this to request that someone stop publicizing, or threatening to publicize an intimate image. This letter includes highlighted lines that you can be filled in with personal details.  

Ensure that you personalize this letter with your specific details and review it for accuracy before sending it. If the situation escalates, consider seeking legal advice to explore your options further.

Re: Cease and Desist from Disclosing Intimate Images

Dear [Recipient’s name], 

This letter serves as a formal demand that you immediately cease and desist from the unauthorized use, disclosure, publication, and distribution of intimate images of me, [Your name], which you have unlawfully shared. Your actions constitute a violation of my privacy rights under both the Intimate Images Protection Act and the Privacy Act of British Columbia. The intimate images in question were shared with you under circumstances of reasonable expectation of privacy. By disclosing these images without my consent, you have breached my trust and my privacy, causing significant emotional distress and harm.

Intimate Images Protection Act 

Under the Intimate Images Protection Act of British Columbia, it is an unlawful act that is actionable without proof of damage to distribute or threaten to distribute an intimate image of another person without their consent if the person depicted had a reasonable expectation of privacy at the time the image was recorded and continues to have such an expectation at the time of distribution. Your actions clearly fall within this prohibited conduct, and I have a right to seek legal recourse to protect my privacy and prevent further harm. 

Privacy Act 

Additionally, your actions violate the Privacy Act of British Columbia, which protects individuals from the unauthorized invasion of their privacy. According to Section 1 of the Privacy Act, it is a tort, actionable without proof of damage, for a person, willfully and without a claim of right, to violate the privacy of another. The unauthorized distribution of intimate images clearly constitutes such a violation. 

Given these infringements on my rights, I demand that you: 

1. Immediately cease and desist from any further sharing, distributing, publishing, or otherwise disseminating any and all intimate images of me. 

2. Remove and permanently delete all copies of these intimate images from any electronic devices, cloud storage, social media platforms, websites, and any other medium where they are stored or have been published.

3. Confirm in writing within ten (10) days of receipt of this letter that you have complied with these demands. Failure to comply with these demands will leave me no choice but to pursue all available legal remedies against you. This may include, but is not limited to, seeking injunctive relief, filing a civil lawsuit for damages under both the Intimate Images Protection Act and the Privacy Act, and reporting your conduct to law enforcement authorities. I trust that you will give this matter the urgent attention it deserves and take immediate action to rectify the harm you have caused. 

Sincerely, [Your name]

Intimate images are pictures where a person is either nude, nearly nude, or engaged in sexual activity. This includes both pictures and videos, and in some cases involves children even sexual deepfakes, drawing, or stories. An intimate image might include nudity (e.g., a picture of someone’s genitals or breasts), or someone engaging in sex acts (oral sex, touching, having sexual intercourse). 

Depending on the criminal law, a person might be required to have what is called a reasonable expectation of privacy in the image for it to be protected, such as in criminal voyeurism or the non-consensual distribution of intimate images. What this means is that when you took the picture you expected it would stay private and when the picture was shared without your consent you wouldn’t have wanted it to be shared. 

It’s important to know that if you consented to the image being taken or shared in a specific way, it does not mean you consented to the image being shared beyond what you agreed to. For example, you might have agreed to the image being taken and sent to one person or a group of people, but you did not consent to them sharing the image with their friends or on a website. You can decide what you’re comfortable with and you can withdraw your consent at any time. Section 273.1 outlines the definition of consent in the Criminal Code. 

An image doesn’t have to be posted online to count as illegal image taking/sharing. In some cases, it is illegal to: 

• Threaten to share someone’s image (e.g., after breaking up they say they’ll share your image or sextortion)
• Show an image to someone in person (e.g., they show their friend your image on their phone screen) 
• Secretly film someone nude, engaged in sexual activity, changing in a bedroom/bathroom/change room, or take pictures of you for a sexual purpose.

Publication of intimate images without consent

Sharing nudes without permission is a criminal offence. If you have a reasonable expectation of privacy in your images when they are taken and shared, and if you are nude or engaged in sexual activity in the images, and someone shares those images without your permission, they are breaking the law and can be charged with a crime. 

Under section 162.1(1) of the Criminal Code, the publication of intimate images without consent is a criminal offense, which can result in up to five years of imprisonment. According to this section of the Criminal Code, publication of intimate images without consent is when someone: 

Knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct. 

This law only protects actual images of a person and does not include things like deepfakes or realistic photoshopped images. 

To learn more about this definition, you can read BCSTH’s resource “What to do if someone has shared or is threatening to share your intimate image” 

Voyeurism is when someone secretly films you without your knowledge when you have a reasonable expectation of privacy. It’s a crime to take secret images of a person in three different circumstances:

1. If the person being filmed is nude or engaged in sexual activity
2. If the person being filmed is in a place where it would be common for them to be nude or engaged in sexual activity (i.e. bathrooms, bedrooms, or changerooms) whether they are actually nude or engaged in sexual activity at the time or not
3. If the images are being taken for a sexual purpose, whether they are actually nude or engaged in sexual activity at the time or not (for example, a high school teacher was found guilty of voyeurism for secretly taking pictures of female students’ chests for a sexual purpose when the girls were fully clothed in the classes and hallways of the school)

Examples of voyeurism include taking a picture up someone’s skirt (up-skirting), or using a secret camera hidden in a room to record someone when they are changing or having sex. 

The photos do not have to be shared for this to be illegal and the taking of the photos is illegal on its own.

You can find more information on Tech Safety Canada’s website.

Extortion is when someone puts pressure on someone else to do what they want by using threats, accusations, or violence. It’s illegal for someone to use your intimate images to pressure you to do something. It’s also illegal for someone to use threats to pressure you to share intimate images with them. 

Examples of extortion include someone threatening to share your images if you end your relationship with them, or threatening to share your intimate images if you don’t send more or demanding that you pay them money or they will share your nudes

You can learn more about legal remedies for extortion on Tech Safety Canada’s website.

Criminal Harassment is when someone repeatedly communicates with someone who does not want to be communicated with in a way that makes them feel unsafe. It might include stalking behaviours, or sharing or threatening to share someone’s intimate images. 

Examples of criminal harassment include someone repeatedly calling or texting you when you’ve asked them to stop, or emailing and texting your family repeatedly with the intention of embarrassing or humiliating you. 

If someone is threatening to share a nude image of you or is sharing your nudes in a way that makes you feel afraid, this could be a form of criminal harassment, especially if you have asked them to stop and they have not. 

You can learn more about criminal harassment on Tech Safety Canada’s website.

A victim-services organization can help you better understand the criminal justice system and how reporting a crime and being a witness in a criminal trial works. It can be helpful to speak with them before or after reporting a crime. To find a victim-services organization in your area you can call VictimLinkBC. 

You can talk to a support worker to get help navigating your situation, legal information, and what options you want to take. You can find a list of community support agencies, as well as community legal supports and resources (including community programs for free or low cost legal guidance), on our Community Supports section. 

Before criminal proceedings begin, you can consider applying to the Crime Victim Assistance Program (CVAP). You can apply to the program as soon as a crime against you has taken place. The person misusing your image does not need to be arrested or charged with a crime in order for you to apply. The program may be able to help you with certain expenses related to the crime and provide funds for support and counselling. The CVAP assists victims, immediate family members and some witnesses in coping with the effects of violent crime. It provides financial benefits to help offset financial losses and assist in recovery.

If someone has distributed an intimate image of you without your consent, you can tell them that you don’t consent to what’s happening: immediately notify them that they do not have your consent to publish or otherwise share the image and keep a copy of that communication. You can send a message like:

“I do not consent to you sending/sharing the image/video of me [add a description such as including the date sent or any other identifying factors]. I want you to delete it and I do not give you permission to share it.”

Take a screenshot of that communication and preserve evidence before you take any action, including sending a warning in case the image gets deleted. This can be helpful as it can be evidence that the person misusing your image knew that you did not consent to the image being shared. You will need evidence of the nude being shared if you want to get legal help.

It may be helpful for you to know an example of what could happen in this situation.

In R v Haines-Matthews (2018) ABPC, an 18-year-old accused took nude photographs of a 17-year-old victim and recorded them doing sexual acts. While the victim initially consented to the accused taking nude photographs of her, she did not consent to him distributing the images. The accused then posted the video recording and the nude photographs on Facebook and Instagram. The accused was charged with a violation of section 162.1 (1) of the Criminal Code and sentenced to 5 months imprisonment followed by a 12-month probation period.

If you report the behaviour to the police, that begins the criminal investigation. This is required if you want the person misusing your image to be charged with a crime.

The officer you report the crime to will investigate your case, sometimes with other officers. During an investigation, the officer may speak to other witnesses such as your family and friends or other people who saw the image.

• If the officer refuses to investigate and takes no further action, you can ask to talk to their supervisor to see what can be done. You can ask for the officer’s supervisor at the reception/front desk of the police station. If the supervisor also refuses to investigate further, you can consider “laying an information” if you think that your case should be investigated further (see below).

• If the officer investigates your case, after looking at all the evidence and speaking to the witnesses the police will consider whether or not they think the person misusing your image should be charged with a crime.
• If the answer is yes, the police will recommend that Crown counsel charge the person misusing your image with a crime. Crown counsel are lawyers who work for the government.
• If the answer is no, the police will not recommend that Crown counsel charge the person misusing your image with a crime. This often happens where there isn’t enough evidence to prove a crime occurred or to figure out who committed the crime. This means that your case will not proceed any further. However, if you still believe that they have committed a crime against you and should be charged with a crime, you should talk to the officer’s supervisor. If the supervisor also refuses to move forward with your case, you can consider “laying an information” (see below).

• If Crown counsel agrees with the police’s recommendation to charge the person with a crime, they will charge the person misusing your image with the crime.
• This does not mean that the person misusing your image is automatically guilty of the crime. They will appear in court where it will be decided if they are guilty or not. The person misusing your image will have a chance to defend themselves. If they are found guilty of committing the crime, they will receive a punishment; the punishment will depend on the circumstances of the case. This could include orders to delete or remove the images, or even jail time in some cases.

• If Crown counsel does not agree with the police’s recommendation, they will not charge the person misusing your image with a crime.
• This means that your case will not proceed any further.
• If you disagree with the Crown’s decision, you should ask them to tell you why they are not proceeding with your case. The law requires them to tell you the reason behind their decision.
• Crown counsel will not proceed with a case if they think there isn’t enough evidence. You can ask the Crown to tell you what evidence is missing. If you discover new evidence, you should bring it to the attention of the Crown. Crown counsel will generally move forward with a case if they think there is enough evidence to prove that a crime has been committed.

Normally, if you think a crime has been committed against you, you must report it to the police in order to start formal criminal law proceedings. However, sometimes the police may not think your case is serious enough to recommend charging the other person with a crime. If this happens to you, you may still be able to move your case forward by “laying an information”. This is a process where you provide information about a crime to a court instead of the police. The process of “laying an information” is set out below.

1. Make sure you know which criminal offence has been committed.

2. If you think that a crime has been committed, go to a courthouse that has a court registry. A list of courthouses can be found here (only staffed courthouses have a court registry).

3. Tell the court registry that you would like to “lay an information”.

4. There will be someone at the courthouse who you will give information to about the crime that has been committed.

• The information you give will be passed along to a judge or justice of the peace.
• The information will also be passed along to government lawyers (also called Crown counsel).

5. There will be a process hearing at court. This means you will have to attend court and speak to a judge. During the process hearing you will have to present the court with evidence showing that the person misusing your image committed the crime you say they committed.

• You should bring all the evidence that you have collected.
• Crown counsel will also be present in court and may ask you questions about your evidence.

I6. f the judge is satisfied with your evidence, they will order the person misusing your image to attend court at a later date.

A peace bond is a court order made by a judge to protect you from a person that you think might harm you. An order in a peace bond peace bond can:

• Require the individual not to contact or limit contact with you, your family, relatives and friends
• Prevent the individual from going to your home or workplace or certain places that you attend regularly
• Prohibit the person who has your intimate image from sharing or posting the image with anyone else

The person identified in the peace bond is required to follow the conditions of the order once it is issued and served. If the person fails to follow any of the conditions, call the police immediately. The police should tell them to continue to follow the conditions and may charge them with a criminal offence for breaching the conditions of the order and they may be arrested.

To get a peace bond, you call the police and ask for one, or you can go to the court yourself and ask for one. You do not need a lawyer and there is no fee. When asking for a peace bond, request that a condition be added that prohibits the person from sharing or posting the intimate image they have of you.

This tip sheet on peace bonds has more information on how you can obtain a peace bond.

There are more Civil and Criminal laws that might apply to your situation or circumstances– for more information about legal remedies for NCDII, you can visit Tech Safety Canada’s Legal Remedies for Technology-Facilitated Gender-Based Violence toolkit. They have a specific resource for legal remedies for image-based abuse.

 For an overview of Canadian Court systems, you can visit Tech Safety Canada’s page An Overview of Canadian Courts.

 To learn more about the options available through the CRT, you can use their solution explorer.

Reaching out for support can connect you to resources, provide comfort, and help you take action in the way that feels right to you. Remember that this is not your fault, that you’re not alone, and that the problem is the non-consensual image sharing.

There’s no right way for you to start a conversation– it can look a lot of different ways, and you have choices for how you go about it. If you feel safe beginning a conversation, some things you might consider can include:

Do you want help preparing for your conversation?

You might want to talk with someone you trust, or an anti-violence worker, to help plan your conversation. If you’d like to connect to someone to talk through your options, you can find a list of community resources and hotlines here: Community Supports

Who do you want to start a conversation with?

Depending on your situation, you might want to reach out to your school or university, your friends, or your family. It’s up to you who you share with, and you can choose someone who feels like they will be supportive and respectful. It’s also an option to ask someone to go with you to support you in your conversation.

Is this a conversation you’d rather have in person or through writing?

It might feel best to start a conversation in person, over the phone, or through a text, email, or letter. It’s important to note that if you use email, text, or written communication, both you and the person sharing your image can use the communications as evidence. For more information about preserving digital evidence, see the preserving digital evidence toolkit.

What do you want to share?

It’s up to you what you share and when. You might want to share what has happened (e.g., your image has been shared without your consent), or you might and prefer to simply share that you’re dealing with a situation (e.g., I’m not ready to go into detail, but I am dealing with a stressful situation).

How can you plan to care for yourself before, during, and after the conversation?

It might be emotional or difficult to share about an experience with NCDII. It’s important to be gentle with yourself, and plan for ways to care for yourself and find support following the conversation. For example, you may consider bringing someone with you when you have the conversation or initiate the conversation close to a counselling appointment. Similarly, you may plan to write down a hotline or community service number so that you have it ready if you need it. Another option is to include self-care strategies that work for you and that feel comforting, like movement, time spent outdoors, or connecting with friends, family, or the community before or after your conversation.

Remember that it is not your fault, and you are not to blame for your image being shared.

• Starting a conversation might bring up feelings for you. It’s important to remind yourself that:
• It is not okay that your image was shared without your consent.
• The violence is not your fault.
• You are not alone.
• There are options available to you.

You can find people and resources to support you and remind you of these messages too.

It’s possible that someone you share with may not react exactly the way you expected, but that does not change the fact that it is not okay for someone to share your image without your consent. The problem is not that you shared the image, it’s that someone shared it without your consent. Though it can feel discouraging or upsetting if someone responds poorly to what you share, if that person can’t support you, there are people who can, and you can share with someone else. You also have the option to contact a helpline like the Kids Help Phone (for minors), or work with a caseworker from the BC Intimate Image Protection Service (adults and minors), who will point you to resources and can help you work through your options. You can create a safety plan to prepare for unexpected reactions. For more information about safety planning, view the Tech Safety Planning Toolkit or our Community Supports Page

Sample Conversation Starter: Kids Help Phone

This conversation starter from the Kids Help Phone was developed to help provide an idea of how to get started when sharing about sexual abuse. It can be used to tell someone about your image being shared, and is an example of the kind of language you could use if it felt right. This is a straightforward conversation starter that can be used by both youth and adults.

From: Kids Help Phone: Sexual Abuse and How to Get Help and Heal

“How do I tell someone that I’ve been sexually abused?”

It can be scary to tell someone about the sexual abuse that you’ve experienced. Here’s how you can approach the conversation with a safe adult:

1. Start by saying, “I need to talk to you,” or “There’s something I need to talk to you about.”
2. ‘Find a quiet spot, take a deep breath and say, “Something’s happened to me that’s hard to talk about.”
3. When you’re ready, explain by saying, “I was sexually abused. I need help.”
4. If you know how you want the person to help, continue by saying, “I want you to…”

In NCDII contexts, rather than say “I was sexually abused”, you could say “someone has an intimate image of me, and they’re threatening to share it”, or “someone has shared an intimate image of me”.”

You can find more resources here:

Thorn: Getting Help for Sextortion

Kids Help Phone: Need to have a tough conversation with someone? Here’s how

Kids Help Phone: How can I talk to a parent/caregiver about something?

Reach Out: What to do if someone shares your nudes

DIY Digitally Informed Youth: Is Someone Sharing or Threatening to Share Your Intimate Image?

Ask for them to take your image down

Some people may want to contact the person who has their image and either has shared or is threatening to share it to ask for the image to be taken down, or to ask that they delete the image from their devices. You can ask a friend, anti-violence worker, or trusted person to help you communicate with the person sharing your image. If this feels like a safe option, and you want to contact that person but don’t know where to start, it might feel helpful to use a template or outline.

Note: If you are being sextorted, it is important that you stop all communication with the person who is extorting you. If you are under 18 years old and the person in possession of your image is an adult, it’s important to reach out for support, either to a trusted adult or a resource like the Kids Help Phone. Sextortion is illegal, and you might also choose to contact the police. You can find more resources here: Threatening to Share Image – Guide for under 18

Option to include legal language in a letter

You might also decide that you want to use legal language in your communication with the person sharing your image. You can view our resources on writing a cease-and-desist letter here. The benefit to using legal language is that it might carry more weight in legal proceedings if you decide you want to pursue those actions later.

Tell the person that you don’t consent to what is Happening

Whether or not you use legal language, it’s a good idea to tell the person that you don’t consent to your image being shared. You could use language like this to express that you don’t consent to what’s happening:

“I do not consent to you sending/sharing the image/video of me [add a description such as including the date sent or any other identifying factors]. I am asking you to delete it and I do not give you permission to share it.”

You might also say:

“I do not consent to you storing or retaining in any way the image/video of me. [add a description such as including the date sent or any other identifying factors]. I am asking you to delete it and I do not give you permission to share it.”

Preserve Digital Evidence

After sending your message, it’s a good idea to preserve digital evidence of the message you send and any threats or evidence of sharing. Initially, you might not decide to pursue legal options, however, having this evidence will help if in the future you decide that you would like to pursue your legal options. Either way, it might also be helpful or meaningful on a personal level to have a record of what is happening for your own purposes.

It’s important to note that if you use email, text, or written communication, both you and the person using your image can use the communications as evidence. For more information about preserving digital evidence, see the Preserving Digital Evidence Toolkit.

Template Example: The Dear Man Method

One template you could use is the “Dear Man” method, which provides an outline to make a request and assert a boundary. You don’t have to follow every step of this method and you can modify it so that it feels right for you. Here is a version of the Dear Man method adapted from Wichita State University:

Describe: Describe the situation using facts and observation
Example: You told me that you have my intimate photos and could share them “whenever you want”; You posted an intimate photo of me on your Instagram account; you showed your friend a nude picture of me.

Express: Express how you are feeling
Example: I don’t feel safe or secure; I feel worried about what you’re saying; I am not comfortable with you storing my intimate images on your phone

Assert: Ask for what you want, and what you don’t want.
Example: I am asking you to delete the images you have of me, and that you do not send them or show them to anyone; I would like you to delete the picture you have posted to your account; I would like to meet with a facilitator to talk about this

Reinforce: Explain the effects of what you’d like, or add more information about what you do and do not consent to.
Example: It’s illegal to share someone’s intimate image without their consent, and it can be really harmful to the person; I do not consent to you sharing my images with anyone; I do not consent to you storing images of me on your device.

Mindful: Remind yourself that the violence is not your fault, and that it is not okay that someone shares or threatens to share your image. Focus on your boundaries and what you would like out of the situation.

Example #1: Someone is threatening to share an image

You told me that you kept my intimate photos after we ended our relationship, and said that they were yours to use however you choose. This was very stressful for me to hear, and I’m worried about what you’re saying. It’s illegal to share someone’s image without their consent, and I am not comfortable with you storing my intimate images, or keeping copies in any way. I only sent those images to you, and they were only for private use, and I am not okay with you sharing them with anyone in any way. I do not consent to you sending or sharing the image/video of me. I want you to delete it and I do not give you permission to share it.

Example #2: Someone forwarded an intimate image

You were sent my screenshotted image on Snapchat, and sent it to Angie without my consent. My image being shared has been really stressful and difficult for me, and I feel betrayed and hurt that you forwarded my image to someone else. It’s not just illegal to share someone’s image, it’s also illegal to forward it without their consent. It is not okay and it can be really harmful to the person in the image. I am not okay with you continuing to share my image, and I am asking you to delete it and any copies of it you have.

Example #3: Someone has shared an intimate image

You posted my image on your private Instagram page without my consent. Having my image shared without my consent has been very stressful and upsetting, and I am worried about who has access to it. It’s illegal to share someone’s image without their consent, it’s not okay and can be really harmful to the person in the image. I am asking you to delete this image and any others that you have. I am not okay with you sharing them. If anyone has screenshotted the image, I am asking you to tell them to delete any copies as well.

More Resources:

DIY Digitally Informed Youth: Is Someone Sharing or Threatening to Share Your Intimate Image? 

Some people might be interested in alternative community-based solutions to NCDII. This might include options like Transformative and Restorative Justice frameworks, which are approaches to responding to harm that focus on healing and repair for the survivor in a way that often involves community. Depending on the organization or facilitator, Transformative and Restorative approaches can include legal systems or the government to different extents. Because Transformative Justice is responsive to the needs of the community and the person harmed, it will look very different from situation to situation.

More research is being done about restorative and transformative responses to NCDII, especially for young people. A recent Paper by Dodge and Lockhart (2022) found that some survivors may find that the ways restorative and transformative methods move away from focus on punishment for the person sharing the image is aligned better with their personal needs. Some survivors prefer responses that focus on meeting needs such as support through advice and counseling, and taking down their images.

There are organizations such as the Sexual Assault Centre of Edmonton (SACE) that are increasingly working with Transformative Justice Options for responding to Sexual Violence:

“We also recognize that for many valid reasons, some people who have experienced sexual abuse or assault do not feel safe, comfortable, or interested in accessing a criminal justice response. Alternatives to the criminal justice system can sound scary in the context of sexual violence, but there is actually a long lineage of BIPOC (Black, Indigenous, and People of Colour) folks practicing alternative systems of accountability and community safety in cases of sexual violence. This type of work is generally understood as part of one or both of the fields of Restorative and Transformative Justice.”

Learn more:

You can explore more Transformative & Restorative Justice resources linked through SACE

Women’s Legal Education & Action Fund | Avenues to Justice- Restorative & Transformative Justice for Sexual Violence

Ministry for Public Safety & Solicitor General: Crime Prevention Information Series, Restorative Justice
Note: Many of the services listed in this resource are facilitated by the Province.

Salal Sexual Violence Support Centre: Transformative Justice Pilot Project
Salal Sexual Violence Support Centre has a Transformative Justice Pilot Project which works with cases of sexual violence, and prioritizes support for marginalized survivors. All participants must be over the age of 19, and referrals to the program may prioritize those already accessing services through Salal. For more information, visit Salal’s Website

You can use relationship and personal solutions in combination with tech safety steps– these do not require you to go through legal systems (civil or criminal). You might consider actions like securing your accounts, or using take down services like Take it Down Now or Stop NCII. To learn more about these options, view the Tech Safety Resources Tab.