Protecting Victims Act, intimate images made by artificial intelligence software and threats to publish them
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not knowingly threaten, with the intent to intimidate or to be taken seriously, to publish, distribute, transmit, sell, make available or advertise an intimate image of a person, including a realistic nude or sexual depiction made by means of artificial intelligence software, who would not consent to that conduct.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Threatening to publish, distribute, transmit, sell, make available or advertise an intimate image, including one made by means of artificial intelligence software, is an indictable offence punishable by up to 10 years' imprisonment, or an offence punishable on summary conviction.
What this law does
The Protecting Victims Act received royal assent on . Section 15 of the Act redefines intimate image in section 162.1 of the Criminal Code to include a visual representation made by any electronic or mechanical means, including by means of artificial intelligence software. The depiction must show an identifiable person as nude, nearly nude, exposing their sexual organs or engaged in explicit sexual activity, and be likely to be mistaken for a visual recording of that person.
Section 15 also creates an offence of knowingly threatening, with the intent to intimidate or to be taken seriously, to publish, distribute, transmit, sell, make available or advertise an intimate image of a person who would not consent, or where the accused is reckless as to consent. The threat offence is punishable by up to 10 years' imprisonment on indictment, or on summary conviction. The Act's provisions, other than those it lists, came into force on the 30th day after royal assent.
When LexLint raises it
When your app profile says your app generates images with AI or generates video with AI.