Saskatoon

'Revenge porn' legislation takes effect in Sask.

Legislation taking effect in Saskatchewan offers new legal options for people whose intimate images have been shared without their consent.

Changes offer protection to those whose images were shared without consent

Legislation now in effect provides additional legal options for Saskatchewan victims of 'revenge porn.' (Shutterstock/Brian A Jackson)

Saskatchewan people whose intimate images have been shared without their consent have new legal options thanks to provincial legislation that is now in effect. 

Amendments to the province's Privacy Act will allow victims of "revenge porn" to directly sue the person who distributed the image.

Also, the onus of proof has been shifted to the person who distributed the image. Someone accused of revenge porn will have to prove it was reasonable for them to think they had consent to share the intimate image.

The legislation also removes the requirement that lawsuits filed under The Privacy Act proceed only in the Court of Queen's Bench. Plaintiffs will now have the option pursue action in either Small Claims Court or the Court of Queen's Bench.

The provincial government defines an intimate image as, "a visual image, including photos or videos, in which a person is nude, partially nude, or engaged in explicit sexual activity," made under circumstances that suggested, "a reasonable expection of privacy."

This new legislation follows previous amendments made to the Criminal Code in 2015 to address the distribution of intimate images without consent.

About the Author

Emily Klatt is a reporter and associate producer with CBC Saskatoon.