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Sask. Government unveil legislation to help revenge porn victims

Sask. Government unveil legislation to help revenge porn victims
Canada
The amendment made to the Privacy Act will allow someone who’s had intimate images shared online without consent to sue the person who shared the images with civil action.

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Attorney General and Justice Minister Don Morgan presented new legislation to the assembly on Tuesday that will allow people whose intimate images have been shared without consent to sue their alleged offender in civil action.

“This bill sends a strong message that this callous, criminal behaviour has consequences and that the Government of Saskatchewan stands with the victims of this type of attack,” Morgan said.

The amendment made to the Privacy Act will allow someone who’s had intimate images shared online without consent to sue the person who shared the images with civil action.

This means the plaintiff only has to show there is a reasonable probability the defendant shared images without consent, as opposed to proving it beyond a reasonable doubt if it was a criminal proceeding.

Additionally, this new legislation will shift the onus of proof to the person accused of sharing the images. They would have to show there is a reasonable basis to believe the defendant gave consent for the intimate images to be shared online.

After the legislation was first announced in the Speech from the Throne on October 25, Morgan said he didn’t know the scope of the issue in Saskatchewan. However, this will give victims another tool to use.

These proposed Privacy Act changes will also remove the requirement that these proceedings take place in the Court of Queen’s Bench. Proceedings will be able to be heard in small claims court of Queen’s Bench.

This legislation also aims to define the term “intimate images”. Legally, this would mean visual images, including photos and video, in which a person is nude, partially nude, or engaged in an explicit sexual activity, that was made in circumstances that implied a reasonable expectation of privacy.
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