'Revenge porn' law will allow people to sue those who share intimate photos

The Newfoundland and Labrador government plans to introduce legislation to deter peoplefrom sharing non-consensual, nude or explicitpictures.

It will give victims of "revenge porn" the right to launch a civil lawsuit.

"People who have this done to them can sue the person that did it to them for financial damages," Justice Minister Andrew Parsons told theSt. John's Morning Show. "And we're going to try to allow as many other protections as possible."

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"I think it's a really positive step forward for people who are victims of this type of criminal behaviour," saidAllison Conway, a lawyer with Budden and Associates in St. John's.

"There have been a number of criminal cases even over the past year that have dealt with this issue. With Facebook and social media, it's becoming a very, very big issue, for sure."

Conway said it is almost impossible to have images removed once they are online, butbeing able to sue can change the "power dynamic" between a person photographed and someone who posted images, and give victims "a voice."

In 2015, the federal government criminalizedthe non-consensualsharing of intimate photos after a relationship breakdown, for example by making amendments to the criminal code.

If found guilty, those convictedon charges could face up to five years in prison while summary convictions could carry a six-month jail sentenceand a $5,000 fine.

Parsons said the provincial legislation his department gives people the ability to pursue civil action to protect themselves and get compensation for what was done to them.

"It will show people that do this, that there will be financial consequences."

Goldilocks legislation

There are lessons to be learned from what other provinces' have tried,said Parsons, such as the case of Nova Scotia, which had itsfirst proposed lawthrown out by the courtsafter it wasdeemed too harsh and thereforeunconstitutional.

Parsons said the burden of proof in a criminal case, where one has to prove guilt beyond a reasonable doubt, makes it difficult to actually convict someone. He said this legislation will have a much lower standard to meet as it's based on a balance ofprobabilities instead.

"I want the strongest possible [law] but not one that's going to get struck down," he said. "There is no burden of proof of damage. Just because the image is shared, that's the damage."

In addition to giving people the ability to sue, the proposed law would also give judges the ability to order shared photos to be removed from the internet, and that if people don't comply there could be more punitive consequences.

The impact on people is not just humiliating, it's caused people to take their lives.- Andrew Parsons

As well, the Newfoundland and Labrador legislation would treat minors and adults the same, whereas the criminal code treats them differently.

Parsons insists this isn't a law targeting justyoung people, asit's anissue that spans all age groups. An educational component willalso be a large part of it, which would involve collaboration with schools, police and other stakeholders.

Government hopes to have a draft of the new legislation tabled at the House of Assembly during the upcoming spring session, or this fall at the absolute latest, said Parsons.

Serious and growing issue

The justice department hopes that by givingthe ability to sue, those thinking about sharing a naked or intimate photo of someone will be deterred.

He said talking to people who have been victims of "revenge porn" or other types of intimate photo sharing, it's devastating how brutally life-altering it can be.

"The impact on people is not just humiliating, it's caused people to take their lives," he said. "We can't understate the seriousness of it."