2ProvincialJustice

The Non-Consensual Distribution of Intimate Images Amendment Act • amendment(s) adopted at Committee Stage

Chamber

manitoba

Stage

Introduced

This Manitoba bill strengthens protections against non-consensual sharing of intimate images, including threats to share and AI-generated fake images.

Key Changes

  • Expands the definition of 'intimate image' to include nearly nude images and images where the person is not identifiable
  • Adds AI-generated or digitally altered 'fake intimate images' that convincingly depict someone in a sexual or nude way
  • Creates a new legal right to sue someone who threatens to distribute an intimate image, even if they never actually share it
  • Courts can now order internet platforms and search engines to remove or de-index intimate images
  • Clarifies that a person's privacy rights in an intimate image continue after their death
  • Requires courts to consider the victim's own wishes before ordering or removing a publication ban on their case

Gotchas

  • Internet intermediaries (platforms, search engines) are protected from lawsuits under this Act if they have taken 'reasonable steps' to address unlawful distribution — but courts can still order them to remove content, creating a potential gap between liability and obligation
  • The bill clarifies that being a public figure does not by itself make sharing someone's intimate image in the 'public interest,' which limits a potential defence for defendants
  • Live broadcasts and live streams are now included in the definition of 'visual recording,' meaning real-time sharing is covered, not just recorded content
  • Privacy rights in intimate images now survive death, meaning family members or estates could potentially pursue legal action on behalf of a deceased person
  • The threat-to-distribute tort could be used in situations involving coercion or blackmail, expanding the law's reach beyond actual distribution

Who's Affected

  • Victims of non-consensual sharing or threatened sharing of intimate images
  • People depicted in AI-generated or digitally altered fake intimate images
  • Internet platforms and search engines (Internet intermediaries) that host such content
  • Individuals who threaten to share intimate images as a form of coercion or harassment
  • Estates or families of deceased persons whose intimate images are shared without consent

Summary

This bill updates Manitoba's existing law about sharing intimate images without permission (sometimes called 'revenge porn'). It expands what counts as an intimate image to include images where the person is 'nearly nude,' not just fully nude, and also covers images where the person's face or identity isn't visible. It also now covers AI-generated or digitally altered fake images that realistically depict someone in a sexual or nude way. A major new addition is making it illegal — and grounds to sue — if someone simply threatens to share an intimate image, even if they never actually do it. Courts are also given stronger tools to deal with these cases, including the ability to order internet platforms and search engines to remove or de-index images. The bill was introduced to close gaps in the existing law and keep up with new technology like deepfakes and live streaming, and to give victims more legal options when their privacy is violated or threatened.

Automatically generated from bill text using Claude

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Recorded Votes

DateDescriptionYeasNaysResult
Dec 6, 2025THAT Bill No. 2\ The Non - Consensual Distribution of Intimate Images Amendment Act/Loi modifiant la Loi sur la distribution non consensuelle des images intimes , be now read a Second Time and be referred to a Committee of this House. And the debate continuing, And Mr. G OERTZEN having spoken,420Carried