B.C.’s Civil Resolution Tribunal has ruled that an image taken from an adult video is not protected as an intimate image.
However, during tribunal proceedings, it came out that the image wasn’t even of the claimant and her ex-partner but bore a likeness to her.
In a June 3 decision, tribunal member Megan Stewart said MN initially said the respondent, OP, shared her intimate image without her consent.
OP disputed MN’s claim.
“He said it was a screenshot of a couple from an adult film on Reddit,” Stewart said. “MN now agrees that the image is not of her, despite the couple’s strong resemblance to her and her ex-partner.”
MN changed that claim, saying OP threatened to share the image. MN sought a protection order under B.C.’s Intimate Images Protection Act as well as $5,000 in damages.
Stewart said when MN applied for dispute resolution, she named OP and a different ex-partner as respondents in the case.
“MN said her other ex-partner had taken a photo of the two of them engaged in sexual intercourse and shared it with OP, and possibly others,” Stewart said. “Neither of the individuals’ faces are visible in the photo. MN said OP sent her the photo to try and sextort her, by forcing her to meet him for sex.”
Once the adult video information came out, Stewart said, MN agreed the image was not of her, despite the couple in the video image’s strong resemblance to her and her ex-partner.
So, MN, amended both her application for a protection order and for damages to remove her ex-partner as a respondent.
“MN pursued her application against OP as a threat to share her intimate image, and continued with her damages claim against him,” Stewart said.
She said one question before her was whether or not the image depicted MN. And, she asked herself, would a reasonable person believe the image was of MN.
“I find that since the image is not of MN and does not depict her, she cannot have had a reasonable expectation of privacy in it,” Stewart said in dismissing the claim.
