BC Tribunal Rules Sharing Ex’s Nudes Served Public Interest

Photo:AP

A recent decision by a British Columbia tribunal has drawn attention: it ruled that a man shared his ex-partner’s nude photos with her employer because it was in the public interest .

Under the Intimate Images Protection Act (IIPA)—which started in January 2024—the BC Civil Resolution Tribunal can stop the sharing of private images and give money to the person harmed.

In this case, a man shared intimate photos of his ex without her permission. Instead of awarding damages or ordering the images be removed, the tribunal found there was a public interest justification—likely because her employer needed to know about a serious issue related to her work or conduct .

This decision shows how complicated the law can be when balancing privacy rights with the need for transparency in public or work settings. Experts note the tribunal can allow sharing if it believes it protects public safety or important information .

Key Points of the IIPA

• The law protects intimate images, including nudity or near nudity, from being shared without consent.

• People can apply to the tribunal to stop the sharing, remove images, or get damages and penalties.

• Penalties can reach up to $5,000 per day for individuals who don’t follow orders.

• The law includes publication bans and sealed records to protect victims’ privacy.

But this tribunal’s ruling is important because it recognizes public interest as a possible exception. If sharing such images helps in catching wrongdoing, ensuring workplace safety, or protecting others, the tribunal might allow it.

This case is just one of the first decided under BC’s IIPA. For example, earlier in 2024, a man was ordered to pay $5,000 after sharing near-nude images publicly on social media.

With this ruling, employers, the public, and lawyers are watching closely. It may set a precedent: when is it okay to share intimate images without consent? And who gets to decide?