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New legal options for ‘revenge porn’ cases in Saskatchewan

New legal options in Saskatchewan allow a person whose intimate images have been shared without their consent to sue in small claims court. File / Global News

The Saskatchewan Ministry of Justice announced Monday there’s new legal options for people whose intimate images have been shared without their consent.

Officials said amendments to The Privacy Act have come into force to ensure victims of “revenge porn” have equal opportunities for redress in the justice system.

“Our government wants to take strong steps to protect people who have been victimized by having intimate images shared without consent,” Justice Minister Don Morgan said in a press release.

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“This legislation will provide those victims with the ability to take direct court action against perpetrators.”

An intimate image refers to photos and videos in which a person is nude, or engaged in explicit sexual activity that is made in circumstances that imply a reasonable expectation of privacy.

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One of the changes allows victims to sue the person who distributed the intimate image. The onus of proof will also shift to the person that circulated the image, requiring them to show they had consent.

Additionally, the legislation removes the requirement that lawsuits only proceed in the Court of Queen’s Bench. Now, plaintiffs also have the option to proceed in small claims court.

Government officials said this will permit plaintiffs to choose the less expensive and quicker small claims process, when they’re claiming damages less than $30,000.

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