Rob Shaw: B.C. online image law is a good step on a long road

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Rob Shaw: B.C. online image law is a good step on a long road
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A person whose images are shared online without permission can now apply for an order, which can then be used to legally compel a website or tech company to take the material down.

B.C. passed into law Thursday protections for people whose intimate images are shared online without their consent. And while it’s a worthwhile step toward empowering victims to get their images removed from the Internet, several hours of debate in the legislature also revealed it will not be simple, or easy, to actually implement the law in the real world.

That may take years. Which makes it hard to determine whether the law, as it stood before the legislature this week, truly hits the mark. “The short answer is yes,” replied Sharma. “We intentionally did not include a definition of consent and that the courts would determine based on the facts.”One section of the law states that if a person who at one point consented to sharing intimate material with someone later revoked that consent, “the person who distributed the intimate image must make every reasonable effort to make the intimate image unavailable to others.

The Opposition critic in this scenario wasn’t trying to trap the government with his questions or even criticize the legislation itself . But de Jong was trying to lay down as many specifics as possible in the legislative record, so that courts could later refer to the debate when making rulings about the law and what legislators intended.There’s been an 80-per-cent increase in non-consensual image sharing incidents reported to police in the last five years, according to Statistics Canada.

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