Canada criminalised the non-consensual distribution of intimate images under Criminal Code Section 162.1 in 2015, with subsequent amendments expanding coverage to AI-generated content. Several provinces have additional civil remedies available. For content hosted on US platforms, the majority of major social media, victims have options for discovery.

Criminal Code Section 162.1

Section 162.1 of the Criminal Code of Canada criminalises the non-consensual distribution of intimate images including AI-generated deepfakes, with penalties of up to five years imprisonment. Amendments in 2024 explicitly included synthetic intimate content under the definition. Criminal complaints are filed with local police or the RCMP.

Provincial civil remedies

Several provinces provide civil cause of action for NCII victims: Manitoba's Intimate Image Protection Act, Nova Scotia's Intimate Images and Cyber-Protection Act, and other provincial legislation. Civil remedies include injunctions and damages independent of criminal prosecution.

Using the Discovery Options from Canada

Canadian victims have options for discovering content on US-hosted platforms. A formal inquiry from a Canadian victim offers the same access to discovery mechanisms.

Frequently asked questions

Can Canadian victims use discovery options for US-hosted content?

Yes. Canadians can discover content on US-hosted platforms regardless of their nationality. Canadian victims can access similar rights for content on US platforms.

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