A private video call was screen recorded and posted in Canada
Intimate content from a video call you believed was private has been screen recorded and distributed online. The recording itself is illegal in many jurisdictions in addition to the distribution being NCII.
CA
jurisdiction
Criminal
primary statute
48 hr
TAKE IT DOWN Act window
Regulator power
enforcement route
Tl;dr
In Canada, this conduct is prosecuted under Criminal Code s.162.1. The civil erasure route runs through PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE) and OPC. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Most video calling apps do not notify participants when the other party screen records. FaceTime, Zoom, Google Meet, and Snapchat all permit silent recording.
Screen recording of intimate calls is frequently used as a control tactic by partners or as a prelude to sextortion. The recording itself may have occurred months before the distribution.
Legal framework in Canada
Criminal Code of Canada section 162.1 (publication, etc., of an intimate image without consent). Indictable offence: up to 5 years imprisonment. Summary conviction: up to 2 years less a day.
Canada prosecutes NCII federally under Criminal Code s.162.1. Several provinces have additionally enacted civil Intimate Image Protection Acts that allow victims to obtain administrative takedown orders without criminal proceedings, with British Columbia's 2023 statute being the most recent and most prescriptive.
Evidence to preserve
- The full call history showing the date, time, and other participant of every relevant call
- Full page screenshot of every URL where the recording appears
- Any messages from the other participant before, during, or after the call
- The application used for the call, which determines what server side records may be available
Do not: Do not delete the call history or block the perpetrator's number before evidence is preserved. The call records establish the underlying recording event.
Five step removal process
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1
Preserve all evidence first
The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears.
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2
File the Criminal Code s.162.1 criminal complaint
Report to local police or the national cybercrime unit. NeedHelpNow.ca can assist.
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3
Submit an erasure request under PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE)
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. OPC accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- Criminal Code of Canada section 162.1 (publication, etc., of an intimate image without consent)
- PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE)
- US TAKE IT DOWN Act for any covered platform
- State recording consent statutes which require all party consent in 12 states
- State NCII statutes covering the distribution of recorded intimate content
Frequently asked questions
Is screen recorded call a crime in Canada?
Yes. Criminal Code of Canada section 162.1 (publication, etc., of an intimate image without consent) criminalises this conduct. Indictable offence: up to 5 years imprisonment. Summary conviction: up to 2 years less a day.
What evidence should a Canada victim of screen recorded call preserve?
The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears. Any messages from the other participant before, during, or after the call. The application used for the call, which determines what server side records may be available.
Does PIPEDA section 4.5 apply to this scenario?
Yes. PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE) gives the victim a direct erasure right against any platform processing the imagery. OPC enforces non compliance.
What support is available in Canada for screen recorded call?
NeedHelpNow.ca provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://needhelpnow.ca.
Can a Canada victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Criminal Code s.162.1 and PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE).
Remove every copy now
One scan. Coordinated removal under Criminal Code s.162.1, PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE), and the TAKE IT DOWN Act.
Start a private scan