B.C. tribunal settles dispute over alleged threat to share intimate images

A man uses a cell phone in New Orleans on Aug. 11, 2019. (AP Photo/Jenny Kane, File)

A B.C. man’s comments about sharing his ex-girlfriend’s nudes were “manipulative and in extremely poor taste” but did not violate a provincial law against threatening to share intimate images, a tribunal has decided.

The woman, identified only as “M.L.,” made a claim with the Civil Resolution Tribunal, seeking $5,000 in damages from her former romantic partner, identified as “J.L.” under the Intimate Images Protection Act.

The legislation, introduced in 2023, not only makes it an “unlawful act that is actionable” to distribute intimate images without consent – it prohibits threatening to do so.

M.L. alleged that J.L. threatened to share nudes she had sent him during an argument they had on Valentine’s Day in 2024, which was described in the decision.

“She demanded that he delete the two intimate images she had previously texted him. She says he replied: ‘too late, thousands of people have probably seen them by now.’ She says she asked him what he meant, but he just stared at her with a wry smile,” tribunal vice-chair Kristin Gardiner wrote.

“After further demands for an explanation, the applicant says the respondent ‘backtracked’ and claimed he was joking.”

J.L. did not “specifically” deny saying this, according to the decision, but did “expressly” deny sharing or threatening to share the photos.

It was therefore up to the tribunal to determine whether the comment rose to the level of a threat.

“I find the statement, if the respondent made it, was manipulative and in extremely poor taste. However, I find the statement alone is insufficient to constitute a threat to share the applicant’s images. If anything, it suggests the respondent had already shared them, though there is no evidence he had actually done so,” Gardiner wrote.

“Overall, I find it likely the respondent’s statement was simply an offensive antic or manipulation tactic.”

The tribunal has jurisdiction to adjudicate claims under the IIPA, with the goal of giving people an accessible, affordable alternative to criminal or civil court. In addition to awarding damages, the tribunal can issue protection orders. Those orders can prohibit the future sharing of images, as well as ordering them to be deleted and destroyed by both individuals and social media platforms.