Law / Canada / Prince Edward Island
Intimate Images Protection Act, court orders to remove or de-index an intimate image
Intimate Images Protection Act, R.S.P.E.I. 1988, c. I-9.1, ss. 1, 5.1(3)(c), 5.2(2)(c)
In force since .
A notice and action rule binding private bodies.
- Private right of action
- Yes
- Obligation class
- Governance
As of .
What it requires
- If a Prince Edward Island court orders you, as an internet intermediary (a commercial body 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 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.
These lines are LexLint's reading of the law's text, as of .
What this law does
On an application by a person depicted in an intimate image, the court may order an internet intermediary to make every reasonable effort to remove or de-index the intimate image. On a claim by a person depicted in an intimate image, the court may likewise order an internet intermediary to make every reasonable effort to remove or de-index the intimate image.
The court may also order the respondent to make every reasonable effort to make the intimate images inaccessible to others, including by having the image removed from any platform operated by an internet intermediary and de-indexed from any search engine. An internet intermediary is a commercial body that hosts or indexes third-party content through an online platform.
An intimate image is 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. A person who distributes or threatens to distribute an intimate image commits a tort that is actionable without proof of damage. The Table of Public Acts of Prince Edward Island lists the Act with the date , and the amending Acts of 2020, chapters 55 and 71.
When LexLint raises it
When your app profile says your app operates a social platform, reuses other publishers' content or publishes adult content.