Duty LXD-6073
Operates a social platform, in New Brunswick
Intimate Images Unlawful Distribution Act, immunity of Internet intermediariessince 1 line
Intimate Images Unlawful Distribution Act, S.N.B. 2022, c. 1, s. 11 · Read the law's page
- Take reasonable steps to address unlawful distribution of intimate images in the use of your services, to keep the immunity from an application or action under the Intimate Images Unlawful Distribution Act; the immunity does not limit a court's authority to order you to remove or de-index an intimate image.
Intimate Images Unlawful Distribution Act, court orders to remove or de-index an intimate imagesince 2 lines
Intimate Images Unlawful Distribution Act, S.N.B. 2022, c. 1, ss. 1, 5(2)(c), 6(2)(c) · Read the law's page
- If a New Brunswick court orders you, as an Internet intermediary (an entity that hosts or indexes third party content through an online platform for a commercial purpose), to remove or de-index an intimate image, make every reasonable effort to remove or de-index it.
- Treat an altered intimate image the same as an unaltered one when you act on such an order, since the Act's term intimate image covers a visual recording whether or not it has been altered in any way.
Fiduciaries Access to Digital Assets Act, a fiduciary's right of access against a custodian of digital assetssince 4 lines
S.N.B. 2022, c. 59, ss. 1, 4, 6-8 · Read the law's page
- These duties bind a custodian, which is any person who holds, maintains, processes, receives or stores a digital asset of an account holder; the Act does not apply to a digital asset of an employer that an employee uses in the ordinary course of the employer's business (ss. 1, 2 (2)).
- Give a fiduciary of an account holder access to the account holder's digital asset within 30 days after receiving the fiduciary's written request, proof of identity and the documents the Act lists; you may charge a reasonable fee for providing access, subject to the regulations (s. 8).
- Treat the fiduciary as having the account holder's consent for you to disclose the content of the digital asset to the fiduciary (s. 6 (1) (a)).
- Do not rely on a service-agreement provision that limits a fiduciary's right of access unless the account holder agreed to it by an affirmative act separate from agreeing to the other provisions; otherwise the provision is void, and a provision restricting jurisdiction or venue to a forum outside New Brunswick is void for a dispute about that right (ss. 6 (2) (a), 7 (2)).