Targeting “Deep Fakes” Using BC’s Intimate Images Protection Act
The BC Government passed the Intimate Images’ Protection Act into law last year. In short this legislation gives victims of unwanted sexual and nude images posted online powerful tools to have the content removed and the ability to seek damages against those who fail to respect their wishes. The law will be live as soon as the government passes the regulations and finalizes the updated Civil Resolution Tribunal rules for these claims.
As deepfake technology rapidly spreads many celebrities and others have found themselves victims of fake sexual or nude images online. The good news is BC’s Intimate Images Protection Act is broad enough to give a remedy in these circumstances.
The legislation covers “visual simultaneous representation of an individual” if the imagery depicts the person engaging in a sexual act, if they are nude or even nearly nude. The legislation also applies “whether or not the image has been altered in any way”.
Adding the above together the legislation clearly covers deepfakes.
If you are the victim of unwanted deepfake pornography you can take action now. The law is retroactive to the day it passed first reading last year. You can demand that not only the people who created the images remove them from the internet but you can also target bigtech such as Google, Facebook and other “internet intermediaries” to respect your wishes.
When it comes to unwanted sexual or nude content online, even fake images that identify you, the BC Intimate Images Protection Act makes one thing clear, its your body, your choice, even online.