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Law Maven
Law Maven, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 164
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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My friend & I need to know the facts regarding revenge porn

Customer Question

My friend & I need to know the facts regarding revenge porn in Canada via the new C-13 bill? My friend recently broke up with his fiancee who lives in the Philippines after she screwed him over for a substantial amount of money that he will never see again. He wants to post a few nude pics of her online to get even. Leaving the morality aspect out of this can my friend still be charged by the police even though the girl is from another country and not a Canadian? Could she really call up Canadian police and have my friend arrested?
Also,wearing underwear and bra is not nudity and can therefore be posted safely,however,we were wondering if his ex-fiancees cameltoe is allowed.........afterall she is dressed and you cant see anything sexual - nor is she doing anything sexual!?
Thanks
Submitted: 2 years ago.
Category: Canada Criminal Law
Expert:  Law Maven replied 2 years ago.
Bill C-13 changed the Criminal Code, so the Canadian Criminal Code now includes: Section 162.1(1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty (a) of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) of an offence punishable on summary conviction.Definition of “intimate image”(2) In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording,(a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;(b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and(c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.SO... posting online is considered "publishing" and "distributing" ... and nude pictures would be considered "intimate images" in the language used by the Criminal Code if the ex-girlfriend did not permit him to publish them, and expected some kind of privacy. Bot***** *****ne, he's in Canada and he would be breaking Canadian law, so she could call Canadian Police and, with the evidence of the photos being online, have your friend charged. Whether the pictures would be considered sufficiently intimate for him to be convicted is a question no one can answer but a Judge. Please note, among the possible penalties, as well as jail, your friend could have all his computer equipment seized, and could be prohibited from owning or using a computer unsupervised for up to five years.
Customer: replied 2 years ago.
Thanks.......need more info regarding underwear and bra. If girl is wearing these items then its not considered nudity even if she has cameltoe. Many girls have cameltoes walking down street and its not illegal.
Customer: replied 2 years ago.
Posting video of my ex-fiance revealing cameltoe is not illegal under Canadian law. I do not want to break the law.
Expert:  Law Maven replied 2 years ago.
The question is not how legal it is for the ex-gf to wear the clothing. The question is whether or not it is legal to post online a picture that was acquired with permission, once the permission is gone. We are not talking about a picture taken with a signed modelling release that allows the photographer to do whatever they want. The intent of the law is not to keep sexy pictures off the internet, the intent of the law is to prevent people from harming each other. So the law says you can't beat someone up. And, now that people have started to use "revenge porn" as a way of harming others, the law has said don't do that either.