The Intimate Images Protection Act (IIPA) gives the Civil Resolution Tribunal (CRT) authority to resolve claims about non-consensual sharing of intimate images.
The IIPA came into force on January 29, 2024. It applies to sharing of intimate images, or threats to share intimate images, that happened on or after March 6, 2023. The IIPA also applies if the sharing or threatened sharing originally occurred before March 6, 2023, but continued after it.
The CRT can issue protection orders that require a person to delete or destroy all copies of the image in their possession or control, and to make every reasonable effort to make the image unavailable to others. The CRT can also order an internet intermediary, or other person or organization, to remove the intimate image from a website or social media platform, delete or destroy the intimate image, and to de-index it from any search engine.
If a person or organization doesn’t comply with a protection order, the applicant can ask the CRT to order an administrative penalty. Administrative penalties are a type of fine and are payable to the government.
The CRT can also award damages of up to $5,000. Damages are money you want a person or company to pay for the harm their sharing or threats caused you, or to punish them.
CRT decisions about intimate image claims often include publication bans and sealing orders. What are these and why are they important?
What is a publication ban?
A publication ban is an order that stops certain information from being shared publicly. It includes posting online or to social media. This is because these decisions include sensitive personal information about the participants involved.
When the CRT issues a decision in a protection order or damages claim, the tribunal member generally must order a publication ban on the applicant’s name, or other information likely to identify them.
In certain circumstances, an applicant can ask the CRT not to order the publication ban.
The tribunal must also order a publication ban on the name of a respondent if the respondent was under 19 at the time the image was shared or threatened to be shared, or if there are other reasons to protect the respondent’s identity.
Can an applicant ask the CRT not to order a publication ban?
Yes, an applicant who was an adult at the time the image was shared or threatened to be shared can ask the CRT not to order a publication ban. They can discuss this with their case manager. However, it is ultimately up to the tribunal member to decide whether a publication ban is needed to protect their identity.
Who has to comply with a publication ban?
Publication bans apply to everyone.
If a tribunal member has ordered a publication ban, nobody can publish information that violates the ban, including in newspapers, on websites, and social media.
How are publication bans enforced?
Only a court can enforce a publication ban.
If someone violates a publication ban by sharing information that is covered by the ban, they may face serious consequences. Consequences include being found in contempt of court, and paying a fine.
What is a sealing order?
A sealing order is a type of order that restricts access to the CRT file. Almost all CRT intimate image claims are subject to a sealing order. Only certain people listed in the sealing order, like participants involved in the case or their representatives, can access sealed documents.
If you’re involved in a CRT claim with a publication ban or sealing order:
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- Understand the rules: Publication bans and sealing orders are written within the CRT decision. If you’re not sure what you can and cannot share, you may want to get legal advice.
- Be careful about what you share and who can see it: Think carefully before posting anything about the claim, the CRT decision, or the CRT process on social media. Even private messages can sometimes violate a publication ban.
For more information about intimate image claims, see our Intimate Images FAQs.