The Intimate Images Protection Act (IIPA), passed in March 2023, gives the Civil Resolution Tribunal (CRT) jurisdiction to resolve claims about non-consensual sharing of intimate images.
The Intimate Images Protection Act (IIPA) will be brought into force on January 29, 2024.
Under IIPA, the CRT can issue protection orders that require an intimate image be deleted, de-indexed, and/or removed from a website or social media platform. If a person or internet platform doesn’t comply with a protection order, the CRT can order an administrative penalty. Administrative penalties are payable to government. The CRT can also award damages of up to $5,000.
Regulations
On December 13, 2023, the BC government created regulations under IIPA. These regulations set out details including:
- The CRT will be able to start receiving IIPA claims on January 29, 2024.
- People aged 14 and older can bring CRT intimate image protection order claims on their own, or with the help of a trusted adult.
- People aged 12 and 13 can bring CRT intimate image protection order claims with the help of a trusted adult.
- If a person doesn’t comply with an intimate image protection order, the maximum amount the CRT can award for an administrative penalty is $500 per day up to a maximum of $10,000. If an internet intermediary or organization doesn’t comply with an intimate image protection order, the maximum amount the CRT can award for an administrative penalty is $5,000 per day up to a maximum of $100,000. If the protection order is still not complied with, the applicant can apply for another administrative penalty.
The BC government sets these regulations, not the CRT. The regulations are available for public viewing at Order in Council 725/2023
Solution Explorer
We’ve created new Solution Explorer content for intimate images. This area will include plain language information about what someone can do if an intimate image of them is shared without their consent, or threatened to be shared. The Solution Explorer asks simple and anonymous questions, and will automatically connect to the correct application form for someone’s situation based on their answers.
We did public and stakeholder/advocate testing of this Solution Explorer content in November 2023, and received a lot of valuable feedback. The Solution Explorer for this new area will be publicly available on or before January 29, 2024.
CRT Rules
We’re updating our CRT Rules for IIPA claims. The draft rules are open for public consultation and feedback until December 19, 2023.
Other Preparations
We’re developing new application forms for these claims, writing policies and procedures, and preparing everything needed behind the scenes to start taking claims about intimate images.
We’ve built a team of experienced staff and tribunal members who will work on these claims. They are receiving specialized training in technologically facilitated gender-based violence and trauma-informed practice.
We’re also building relationships with organizations who provide support services and may have clients experiencing non-consensual sharing of intimate images.
If you have any questions or comments about our implementation work for this area of CRT jurisdiction, please contact us.