Knowing what is and isn’t legal when it comes to sharing nude or seminude images can be challenging. There are many different laws and information about sharing intimate images and videos online especially when they are shared without your consent. But what about when you do consent and your image hasn’t been shared? Is it still considered child pornography? Online sexual exploitation? This handout shares information about the Private Use Exception Rule (PUER) as it applies to shared intimate images.
In 2001, the Supreme Court of Canada created the PUER. PUER states that it is not illegal for two consenting people (including those under the age of 18) to possess or carry a naked/nude photo of one another. The image has to have been shared consensually, lawfully and not exploitative.
The following cases are examples of when the PUER has been used.
The PUER does not apply if an intimate image is shared without consent when you expected the image to be kept private.
An intimate image is one where a person is nude, or exposing their breasts, genitals, or anal region, or is engaged in sexual activity. It can be any visual recording, including a photograph, film, or video recording.
(a) of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) of an offence punishable on summary conviction”.
Sending an intimate image or video of yourself is also illegal if the relationship of the person you’re sending it to is someone who is:
If you’re thinking about sending intimate images of yourself to another person, here are some useful tips that may help to maintain your privacy:
If you are in danger, it’s important to get help. You can do that in a way that feels right to you.
Here are some options:
A transition house can provide a safe, temporary place to stay for youth who have faced violence or who are at risk of violence. A transition house also offers support services and safety planning.
Contact a PEACE Program for children and youth experiencing violence, (formerly the Children Who Witness Abuse program). It is a free, confidential program across BC for children and youth aged 3 to 18 who have experienced domestic violence. There are 86 programs across BC.
Spark Teen Digital Dating Violence Project
This document is a part of BCSTH’s Teen Digital Dating Violence Toolkit for Teens. This document, or any portion thereof, may be reproduced or used in any manner whatsoever as long as acknowledgment to the BC Society of Transition Houses is included in the product.
We gratefully acknowledge Alexandra George for her support with the creation of this information sheet.
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