Non-Consensual Distribution of Intimate Images Act, court orders to remove or de-index an intimate image
In force since .
A notice and action rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Governance
As of .
What it requires
- If a Manitoba court orders you, as an Internet intermediary (a person or organization that hosts or indexes third-party content through an online platform), to remove or de-index an intimate image, make every reasonable effort to remove and, where applicable, de-index it within the time period the order specifies.
- Treat a fake intimate image, including one created through the use of software, machine learning or artificial intelligence, the same as a personal intimate image when you act on such an order, since the Act's term intimate image covers both.
These lines are LexLint's reading of the law's text, as of .
What this law does
In an action for the non-consensual distribution of an intimate image, the court may order the defendant to make every reasonable effort to make the intimate image unavailable to others, including by having it removed from any online platform operated by an Internet intermediary and de-indexed from any search engine.
The court may also order an Internet intermediary or other person to make every reasonable effort to remove and, where applicable, de-index the intimate image within a time period specified in the order. An Internet intermediary is a person or organization that hosts or indexes third-party content through an online platform. An intimate image is a personal intimate image of a person or a fake intimate image of a person.
A fake intimate image includes a visual recording created through the use of software, machine learning, artificial intelligence or other means. Section 8 of the amending Act added clauses (b.1) and (b.2) to subsection 14(1). The amending Act was assented to on . The amending Act comes into force on the day it receives royal assent.
When LexLint raises it
When your app profile says your app operates a social platform, reuses other publishers' content or publishes adult content.