The Legal Consequences of Sharing Intimate Images Without Consent
In today’s digital world, the ease of sharing photos and videos has created new legal challenges—one of the most damaging being the non-consensual distribution of intimate images. Sometimes called "revenge porn" or online sexual exploitation, this violation occurs when someone shares private, explicit images of another person without their consent. The emotional, psychological, and social consequences for victims can be devastating, leading to anxiety, depression, job loss, and even social isolation. Fortunately, the law is evolving to address this serious issue, offering legal remedies to those affected.
In Alberta, victims of intimate image abuse can pursue civil action through a legal claim known as the tort of public disclosure of private facts. This allows individuals to seek compensation when private aspects of their lives—such as intimate photos or videos—are made public without their consent. To succeed in a claim, the victim must prove that (1) their private image was shared without permission, (2) the disclosure would be highly offensive to a reasonable person, and (3) there was no legitimate public interest in sharing it.
Victims can seek various forms of compensation, including general damages for emotional distress, pecuniary damages for lost income or professional harm, and even punitive damages in cases where the offender acted maliciously. Courts are increasingly recognizing the lasting damage caused by this type of privacy violation, and higher damages are being awarded to reflect the severity of the harm. This shift sends a strong message that sharing intimate images without consent is not just unethical—it’s legally punishable.
Beyond civil claims, Alberta and other provinces have also strengthened criminal laws to address this growing problem. Under Canada’s Criminal Code, it is illegal to distribute intimate images without the subject’s consent, and offenders can face serious penalties, including jail time. However, even if someone is not convicted in a criminal court, victims can still pursue a civil lawsuit for financial compensation, as the burden of proof in civil cases is lower than in criminal proceedings.
As technology continues to evolve, so too must conversations around digital consent and personal privacy. If you or someone you know has been affected by the non-consensual sharing of intimate images, legal options are available.
No one should have to suffer the consequences of someone else’s violation of their privacy. If you’ve been affected by the non-consensual sharing of intimate images, you have legal options. Our team at Weir Bowen LLP is here to provide guidance and support. Reach out to us for a confidential consultation.