Canada Criminal Code Section 162.1 - Publication of an Intimate Image Without Consent and Section 162.2 Prohibition Order (Protecting Canadians from Online Crime Act SC 2014 c. 31)

What Canada Criminal Code Section 162.1 - Publication of an Intimate Image Without Consent and Section 162.2 Prohibition Order (Protecting Canadians from Online Crime Act SC 2014 c. 31) requires

Section 162.1 of the Criminal Code of Canada (R.S.C. 1985, c. C-46), enacted by the Protecting Canadians from Online Crime Act SC 2014 c. 31, criminalises the publication, distribution, transmission, sale, making available, or advertising of an intimate image of a person without that person's consent or with recklessness as to consent. Section 162.1(1) creates a hybrid offence: on indictment, the maximum penalty is imprisonment for a term of not more than 5 years; on summary conviction, the standard summary penalties apply. Section 162.1(2) defines intimate image as a visual recording of a person made by any means including photographic, film, or video recording in which (a) the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity, (b) in respect of which at the time of the recording there were circumstances that gave rise to a reasonable expectation of privacy, and (c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed. Section 162.1(3) provides that no person shall be convicted if the conduct serves the public good and does not extend beyond what serves the public good (a narrow defence). Section 162.2 empowers the sentencing court (or court that discharges on probation under section 730) to make a prohibition order against the offender prohibiting use of the Internet or other digital network unless the offender complies with court-set conditions; section 162.2(1) permits the order in addition to any other punishment; section 162.2(2) sets the duration at any period the court considers appropriate including any period of imprisonment; section 162.2(3) provides for variation on application of the offender or the prosecutor after hearing where changed circumstances make variation desirable; section 162.2(4) makes breach of the prohibition order an offence punishable by indictment with imprisonment up to 4 years or summary conviction. Sections 162.1 and 162.2 sit alongside the civil intimate-image remedies in several provincial Intimate Images Protection Acts (BC, Manitoba, Newfoundland and Labrador, Nova Scotia, PEI, Saskatchewan, Alberta) and the federal Bill C-63 Online Harms Act regime that imposes platform takedown obligations. Online platforms operating in Canada are not directly liable under section 162.1 for user uploads in the absence of knowing or reckless conduct by platform operators themselves; however, civil takedown obligations and emerging federal Online Harms Act duties apply.

Pillar: Adult Industry & Sexual Content Compliance · Authority: Parliament of Canada (Criminal Code, RSC 1985, c. C-46) · Version: 1.0.0 · Last updated: 2026-06-02

Primary source: https://laws-lois.justice.gc.ca/eng/acts/c-46/section-162.1.html

SHA-256 integrity: 4fb82246660de49968666271cbf69a55cc4713ba13cae5d3b3cf3096ccfc1b0e

Primary Citations — 7 traced to source

• Criminal Code of Canada section 162.1(1) (Publication of an intimate image without consent - offence): 'Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty (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.'
• Criminal Code of Canada section 162.1(2) (Definition of intimate image): 'In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording, (a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity; (b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and (c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.'

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