Sharing an intimate image without consent in Quebec
The Act to counter non-consensual sharing of intimate images and to improve protection and support in civil matters for persons who are victims of violence establishes a new civil framework in Québec to allow victims to act swiftly against non-consensual dissemination of intimate images. Under this law, a person whose intimate image (or recording) has been shared without consent — or who is under threat of such sharing — can request an urgent cease-and-desist or preventive order from a judge. The objective is to provide a fast, accessible remedy to prevent further harm, remove access, or destroy the images, thereby guarding the victim’s dignity, privacy, and reputation, and preventing irreversible injury through technological proliferation.
The law defines “intimate image” broadly: it includes any image, modified or not, that depicts or appears to depict a person naked or partially naked (such as exposing breasts, genital or anal regions, or buttocks), or engaged in explicit sexual activity when that person had a reasonable expectation that the image would remain private. The concept also extends to recordings (audio/visual), live broadcasts, and artificially generated or altered images (such as deepfakes) if they closely resemble a real person. Notably, consent to create or initially share an image does not imply a blanket waiver of rights: a person may revoke consent at any time (except under some contracts for commercial or artistic use) and demand that the image no longer be shared.
Once the urgent order is granted, the judge may require the person who holds or controls the intimate image to stop sharing it, delete or destroy it, and de-index any hyperlink that gives access to it. The order can also compel the disclosure of identifying information (for example, to trace anonymous accounts) or any accessory steps deemed appropriate.
In addition to the urgent order, the statute provides for a civil liability regime: a person who shares (or threatens to share) an intimate image without consent must compensate the victim unless they can show they bore no fault. The law introduces a presumption of fault: when a non-consensual sharing is established, the burden shifts to the defendant to show they did not act wrongfully, easing the evidentiary burden on victims. Furthermore, the law ensures procedural supports (such as confidentiality, access to support persons, protection of the victim’s address from disclosure in civil matters) and improves alignment between civil and criminal supports for victims of sexual or intimate image violence.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
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