Bill C-13, and the first six cases prosecuted in Canada after it became law in 2015, treat the non-consensual distribution of intimate images primarily as a privacy violation rather than an act of gender-based violence, argues PhD student Moira Aikenhead.

‘Revenge porn’ law focuses too much on privacy: UBC student

Anti-cyberbullying Bill C-13 needs to consider sharing images as a gender-based act, student says

It’s been nearly three years since it became illegal in Canada to post what’s known as revenge porn online. A PhD student at UBC is now looking at how well the law has protected women.

Law student Moira Aikenhead says prosecuting those who distribute intimate images of someone without his or her permission has focused largely on privacy violation, when it should be on gender-based violence.

In her research, published recently in the Canadian Journal of Women and the Law, Aikenhead examines the first six cases tried in the country under Bill C-13, and questions what is considered by law to be an “intimate” image.

Bill C-13 describes it as one where the person is nude or has exposed their genitals or anal regions in a sexually explicit way and at the time of the recording had a reasonable expectation of privacy, as well as when the images were shared.

“I thought this focus on an expectation of privacy was odd, because what circumstances can you envision where a person posts intimate images of another person online, without their consent, but hasn’t breached their privacy?” Aikenhead says.

Similar to “victim-blaming” in sexual assault cases, Aikenhead says, the way Bill C-13 is structured means victims could be criticized when it comes to photos, too.

“While [the bill] ostensibly gives women control over their bodies as well as images of their bodies, too much focus on consent means there’s going to be scrutiny of the victim’s behaviour, which may include blaming her for having allowed the images to be taken in the first place, or not having been more careful about who she shared them with.”

Aikenhead says the scrutiny should be on the perpetrator, who knowingly and “often maliciously” ignored the victim’s wishes by distributing the images.

“It’s meant to be an act of gender-based violence and intimidation, so it’s important to frame the crime as that type of crime rather than simply an invasion of privacy,” she says.

“Judges in future cases must not lose sight of the gendered nature of this crime and its harms, and should adopt a dignity-based approach to privacy to ensure women do not easily lose the ability to control the dissemination of their intimate images.”

Bill C-13 follows advocacy by B.C. mom

The Conservative-led Bill C-13, also known as the anti-cyberbullying bill, was put in the spotlight following the tragic cases of Nova Scotia’s Rehtaeh Parsons and B.C.’s Amanda Todd.

Parsons, 17, died after being taken off life support following a suicide attempt in April 2013 – stemming from relentless harassment after a photo was circulated of her being allegedly sexually assaulted.

Six teenage boys later faced charges in the distribution of intimate images without consent of up to 20 young girls.

Two teens also pleaded guilty to child pornography charges for their roles in what happened to Parsons.

Carol Todd, whose daughter Amanda, killed herself after she was blackmailed and harassed over an intimate photo that was posted online in 2012, has criticized parts of the bill for removing privacy rights for people who have been hurt by revenge porn.

“We should not have to choose between our privacy and our safety,” she told the Senate in 2015. “We should not have to sacrifice our children’s privacy rights to make them safe from cyberbullying, sextortion, and revenge pornography.”

Aydin Coban is accused of extortion, possession of child porn and attempting to lure a child online in relation to Todd’s case.

He is set to be extradited to Canada following his trial in Amsterdam a year ago, when he was convicted of fraud and blackmail via the Internet in an unrelated case.

The 28-year-old has appealed the extradition and denies involvement in any cyberbullying.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Man who fled cops and dumped truck at golf course pleads guilty

Incident in January involved arrests by Mission and Ridge Meadows RCMP

Inaugural Fraser Valley Comedy Festival features two shows in Mission

One show is at the Stage on Oct. 20, the other is at the Clarke Theatre on Oct. 25

‘Police are ready’ for legal pot, say Canadian chiefs

But Canadians won’t see major policing changes as pot becomes legal

Fundraisers planned to help rebuild Mission’s Silverhill Hall

A Halloween party and a GoFundMe page created to help raise money

Hundreds attend safety fair held by Mission Fire Rescue Services

Firefighters presented important safety information along with interactive games and fun activities

VIDEO: How to roll a joint

The cannabis connoisseur shares his secrets to rolling the perfect joint

Boeser tallies in OT as Canucks beat Penguins 3-2

Vancouver wins without star rookie Pettersson

Mayor of Kamloops says ‘history has been made’ with vote on B.C.’s lone pot shop

The store to be run by the province in B.C.’s Interior is opening Wednesday as pot sales become legal across Canada

New bus route to ‘replace’ Greyhound along Trans-Canada Highway

Rider Express Transportation says they will soon begin a bus service from Winnipeg to Vancouver

U.S. pot firm urges Trump to deny Canadian producers ‘competitive advantage’

The challenge for U.S. firms lies in the fact that while recreational cannabis is legal in nine states and medicinal pot in 22 others, it remains illegal under federal law

Government says imprisoned Canadian terror suspects must face consequences

Public Safety Minister Ralph Goodale showed little sympathy Tuesday for such individuals who now want to return to Canada

How rules for inmate segregation in Canada will change under Bill C-83

Federal government proposing changes to rules around inmates in federal correctional institutions

UPDATE: B.C. man who swam naked with sharks arrested

David Weaver, of Nelson, will face mischief and assault charges

Canada Post union issues strike notice; rotating strikes could begin Monday

Union says rotating strikes will begin if agreements aren’t reached with bargaining units

Most Read