Manitoba Hansard — 43 1 b024e.php

43-1 b024e.php

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Home → Legislative Business → Bills → 43-1

Status of bills in this Session.

1st Session, 43rd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 24

THE INTIMATE IMAGE PROTECTION AMENDMENT ACT (DISTRIBUTION OF FAKE INTIMATE IMAGES)

Bilingual version (PDF)

Explanatory Note

(Assented to )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. I87 amended

1 The Intimate Image Protection Act is amended by this Act.

2 The title is replaced with " THE NON-CONSENSUAL DISTRIBUTION OF INTIMATE IMAGES ACT ".

3(1) Subsection 1(1) is amended

(

a) by adding the following

definitions:

"fake intimate image" means any type of visual recording

(

a) that, in a reasonably convincing manner, falsely depicts an identifiable person

(

i) as being nude or exposing their genital organs, anal region or breasts, or

(ii) engaging in explicit sexual activity;

(

b) that is created through the use of software, machine learning, artificial intelligence or other means, including by modifying, manipulating or altering an authentic visual representation; and

(

c) in respect of which it is reasonable to suspect that the person depicted in the image would not consent to the recording being made or distributed to others. (« fausse image intime »)

"personal intimate image" means any type of visual recording

(

a) in which the person in the image is

(

i) nude or exposing their genital organs, anal region or breasts, or

(ii) engaging in explicit sexual activity;

(

b) that is recorded in circumstances that give rise to a reasonable expectation of privacy in respect of the image; and

(

c) if the image has been distributed, in respect of which the person in the image retained a reasonable expectation of privacy at the time of distribution. (« image intime personnelle »)

(

b) by replacing the definition "intimate image" with the following:

"intimate image" means

(

a) a personal intimate image of a person; or

(

b) a fake intimate image of a person. (« image intime »)

3(2) Subsection 1(2) is amended

(

b) by striking out " person depicted " and substituting " person who is or is depicted ".

4 Clause 3(2)(

a) of the French version is amended by striking out " où elle figure " and substituting " d'elle ".

6 Clause 8(2)(

a) is amended by striking out " person depicted " and substituting " person who is or is depicted ".

7 Subsection 11(1) is amended by striking out " person depicted " and substituting " person who is or is depicted ".

Section 12 is amended by replacing the part before clause (

a) with the following:

When expectation of privacy not lost

12 In an action for the non-consensual distribution of a personal intimate image, the person in the image does not lose their expectation of privacy in respect of the image if they

9 Clause 12.1(

a) is amended by striking out " person depicted " and substituting " person who is or is depicted ".

Section 18 is amended by striking out "

chapter I87 " and substituting "

chapter N93 ".

Coming into force

11 This Act comes into force on the day it receives royal assent.

Explanatory Note

The Intimate Image Protection Act is amended to address the distribution of fake intimate images created by the use of technology that appear to depict identifiable people as being nude or engaged in sexual activity. The amendments enable any person depicted in a fake intimate image to sue the person who distributed that image without their consent.

The title of the Act is changed to reflect the broader scope of the Act.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	43-1 b024e.php
Type	bill
Volume / chapter	43 1 b024e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	9cdbd67edbb50255acc0dc81e6c3e3c694b018e6

Source file is stored in the law ingest library (html).