Advocacy
In addition to the legal information, advice, and representation offered by the Digital Dignity Legal Clinic, we are actively engaged in public policy and advocacy activities across Canada.
This includes participating in law reform initiatives, making parliamentary and government submissions, and raising public awareness.
1. Adopt NCII legislation
The Digital Dignity Legal Clinic calls on the governments of the Northwest Territories, Nunavut, Ontario, and the Yukon to adopt specific legislation for NCII abuse. The legislation should follow the best practices set out by the Uniform Law Conference of Canada in its 2021 Uniform Non-consensual Disclosure of Intimate Images Act. This means:
Adopt a broad definition of “intimate image” that is trans-inclusive and does not require that a depicted sexual act be “explicit”
Include threats to share intimate images within the scope of the legislation
Create an expedited pathway for victim-survivors to obtain takedown or removal orders to stop harm from continuing
Allow victim-survivors to seek remedies other than damages without naming a respondent (i.e. the person who is sharing or distributing the intimate images)
Impose civil liabilities on websites and platforms that refuse to take down or remove NCII content
2. Strengthen NCII legislation
The Digital Dignity Legal Clinic calls on the governments of Canada, Alberta, Manitoba, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and Saskatchewan to strengthen their existing legislation for NCII abuse. In particular, the federal government and these provinces should:
Update their definitions of “intimate image” to include the breasts of all persons and removes the requirement that depicted sexual activities be “explicit”
Create specialized tribunals with specially-trained tribunal members to hear and decide NCII abuse cases
Allow victim-survivors to seek remedies other than damages without naming a respondent (i.e. the person who is sharing or distributing the intimate images)
Establish a government office to help victim-survivors formally submit takedown and removal orders
Impose civil liabilities on websites and platforms that refuse to take down or remove NCII content
3. Formalize anonymity orders for minors
The Digital Dignity Legal Clinic calls on the government of every Canadian province and territory to formalize anonymity orders for minors by default in all manner of civil proceedings, including NCII abuse cases. In this respect, governments should have regard to the work of Emily Prieur as published in her submission to the Ontario Civil Rules Review. Anonymity orders for minors are particularly important because:
Minors are uniquely vulnerable. Public identification can deepen trauma, hinder recovery, and discourage help-seeking, especially in NCII abuse cases. Canadian courts have long recognized children’s heightened need for privacy.
Discretionary anonymity creates inconsistency and barriers. Minors (or their guardians) must request and justify anonymity, which is unrealistic for many self-represented families. Outcomes vary widely between judges.
Digital permanence makes the harm worse. Court decisions naming minors are searchable, shareable, and permanent. In NCII abuse cases where loss of control is the central issue, public naming worsens the privacy violation.