Justice and civil status
Non-consensual sharing of an intimate image
Has someone shared or threatened to share intimate images of you without your consent? You can seek recourse under the Act to counter non-consensual sharing of intimate images.
You can file an application for an urgent order to cease or prevent the sharing of an intimate image by filling out a simple form that will be urgently processed by a Court of Québec judge or a presiding justice of the peace.
Definition of intimate image
Under the Act, “an intimate image is any image, altered or not, that represents or appears to represent a person either nude or partially nude, exposing their breasts, genital organs, anal region or buttocks, or engaging in an explicit sexual activity, where the person had a reasonable expectation that their privacy would be protected, whether in the circumstances in which the image was created, taken or recorded or, where applicable, in which the image was shared.”
The image can be a photo, a visual or sound recording, or live broadcast.
This definition includes deepfakes and images altered by artificial intelligence that seem to represent you, even if the image isn’t really of you.
You can apply for an order to cease the sharing of such an image if someone has violated your reasonable expectation of privacy in either of the following circumstances (time, place, context, etc.):
- when creating, taking, or recording the image;
- when sharing the image.
Consenting to the sharing of an intimate image in some circumstances does not mean consenting to its sharing in other circumstances.
You can also revoke your consent to the sharing of an image you have already shared. The person to whom the revocation of your consent is communicated must make every reasonable effort to make the image inaccessible.
Under the Act, the sharing of an intimate image includes “publishing, broadcasting, distributing, transmitting, selling, communicating, making available or advertising such an image.”
For example, say you sent an intimate image to your partner with the reasonable expectation that the image would remain private between you. You then discover that your partner showed the image to friends or posted it online. You can apply for an urgent order to cease or prevent the sharing of an intimate image. If someone took a photo or video of you without your knowledge or deepfaked an intimate image that resembles you, you can also apply for such an order.
Who can apply for an order
If you are 14 years of age or over and you are the person represented in the image, you can file an application yourself without the need to inform your parents.
If you are 14 years of age or over, you can also consent to another person or a body applying for an order on your behalf. This could be done by a friend or relative, someone you trust, a social worker, or an assistance organization for persons who are victims like a crime victims assistance centre (CAVAC).
If you are under 14, your parents or tutor must file the application on your behalf.
If the person represented in the image is deceased, a spouse or close relative can file the application.
A judge may also allow another person to file the application, for instance to protect the interests of a represented person who is unable to do so themselves.
A list of assistance organizations for persons who are victims can be found in our Assistance and Information for Victims of Crime section.
How to apply for an order
To apply for an order, you just need to fill out and sign a simple form.
You can download the form in PDF format:
- Form to be completed by the victim (PDF 208 Kb) – Information document (PDF 424 Kb)
- Form to be completed by a person other than the victim or an organization (PDF 187 Kb) – Information document (PDF 424 Kb)
or obtain a paper copy from the civil office of a courthouse in your judicial district.
You must name the person or persons whom the order concerns:
- A “natural person” is an individual.
- A “legal person” could be a website, an enterprise, or a non-profit organization.
For example, you could name an individual who posted your intimate image on the Internet, and all the websites where you know the image is being hosted. This could ensure the intimate images are removed faster, as the order will apply to each named party. All named individuals or websites will have an obligation to act as quickly as possible after the order is sent.
You can name a person even if you do not know their true identity—for example, someone who uses a pseudonym for anonymity. You just need to include any information that enables the order to be sent to them.
This could be an email address, a username, a website URL, an IP address, the owner of an electronic device, or another unique identifier.
Any information you may have is useful for two reasons:
- it enables the court office to send the order to the anonymous person;
- it enables a judge to order that any information identifying the anonymous person be provided.
The form includes a statement. The person filing the application must declare:
- that they are the person represented in the intimate image within the meaning of the Act or that they are authorized to present the application, in particular because they have the consent of that person;
- that the intimate image is being shared, or that a person is threatening to share it, without the consent of the person represented in the image; and
- that they are applying for the order provided for by the Act.
The statement is deemed to be made under oath. The applicant thus affirms that, to their knowledge, the statement is true.
Once the form has been filled out and signed, you can file it:
- with the Digital Court Office of Québec;
- in person at the civil office of a courthouse in your judicial district; or
- by mail.
If you need to file the form outside courthouse hours (Saturdays, Sundays, holidays, or after 4:30 p.m. on weekdays), call 1-833-393-2819 and tell them you want to file an application to cease or prevent the sharing of an intimate image.
You may also send any documents in support of your application. These may include screenshots of the shared images, conversations with the person threatening to share the images, or any other evidence.
Supporting documents will be handled in a manner that ensures their confidentiality.If you file your application using the Digital Court Office of Québec, the IT system will ensure they stay confidential. If you file your application in person or by mail, send your documents under sealed envelope.
Once sent, the application for an order is decided on an urgent basis (as soon as possible) by a Court of Québec judge or a presiding justice of the peace.
Presiding justices of the peace are on call 24 hours per day, 7 days per week.
The judge may render a decision immediately based on the information in the form.
Unless the judge orders otherwise, the application does not need to be sent to the persons concerned. These persons may learn that an application was submitted only after the judge has rendered a decision.
If the information in the form is insufficient to render a decision, the judge may:
- ask the applicant for more information;
- ask that the application be sent to the persons concerned; or
- call a hearing with the applicant or the persons concerned. This hearing can be held by videoconference or in the judge’s office instead of in a courtroom. The hearing is always held in camera; members of the public may not attend.
The judge may order any person who possesses or has control of an intimate image to:
- abstain from sharing the image;
- cease any sharing of the image (for example, by removing it from the Internet);
- destroy the image (for example, by deleting all copies);
- de-index any hyperlink allowing access to the image;
- provide any information that may be used to identify a person who has shared such an image or who is threatening to do so; or
- comply with any other order appropriate in the circumstances.
The court office will send the order to the persons concerned based on the information provided on the form. The court office will keep proof that the order was delivered in your court file.
The persons concerned must comply with the order as soon as it is sent to them.
You may send a copy of the order to the persons concerned if the court office is not able to send it based on the information you have provided, or if you want to make sure that the persons concerned receive it. However, you are never obliged to do so, especially if it makes you uncomfortable or if doing so may compromise your safety.
If you choose to send a copy of the order to the persons concerned, it is important to retain proof of delivery (for example, a certificate issued by a bailiff, confirmation that the email was received, or a screenshot of a private message).
Failure to comply with an order
You can make a police report if you notice that a person concerned has failed to comply with the order—for example, if they have not deleted an intimate image from a website. Making a police report is the simplest way to ensure the order is enforced. It is also free.
Before you make a report, go to the civil office of a courthouse in your judicial district with the number of the court record file associated with the order. Ask the court office for a copy of the order’s proof of notification.
Then, go to a police station to make a report. Bring with you:
- the order (the police won’t have access to it otherwise);
- a copy of the proof of notification from the court office;
- any other proof that the notice was sent (if you chose to send a copy yourself).
The police will investigate the failure to comply with the order. Then, the police department will transfer the file to the Director of Criminal and Penal Prosecutions (DCPP).
- A DCPP prosecutor can undertake penal proceedings against anyone failing to comply with the order. Penal proceedings may lead to the following sanctions:
- A fine of $500 to $5,000 per day for an individual;
- A fine of $5,000 to $50,000 per day for a website, an enterprise, a non-profit organization, or the officer, director, or representative who ordered, authorized, or consented to non-compliance with the order;
- a prison term of up to 18 months.
If the individual or website has already been found guilty of failure to comply with a similar order, the amount of the fine may be doubled.
You also have the option to bring proceedings for civil contempt of court against anyone who has failed to comply with the order. You can file such proceedings in person at the civil office of a courthouse in your judicial district. There are court costs to file civil proceedings. You may also need to hire a lawyer to assist you.
Attention
You cannot both seek penal proceedings by making a police report and bring proceedings for civil contempt of court. You must choose one or the other.
Validity of an order
Unless a judge decides otherwise, orders have no expiration date.
The order is thus valid forever and applies to all the intimate images you identified in your application. For example, if you notice that a person named in the order deleted the intimate image from where it was initially posted but then posted the same intimate image again in the same or a different location later, your order is still valid for that intimate image. You may choose to send the person concerned a copy of the same order as a reminder, or you can make a police report.
However, if you learn that a new intimate image is circulating that you did not identify in your application for an order—for example, a different image that you were not aware of or a new deepfake—you must file a new application for an order for this new intimate image.
Contesting an order
All persons named in an order have 30 days to contest it for either of the following reasons:
- The person represented in the image did not have a reasonable expectation of privacy (for example, because the person who shared the image had their consent to share it).
- The image was shared for legitimate public information purposes (for example, as part of a journalistic investigation and in keeping with journalistic norms).
The order remains in force during an application for annulment or an appeal. All persons named in an order must still comply with the order (for example, by deleting the image immediately and destroying all copies).
A person applying for annulment of the order may appeal the decision rendered, but only with permission from the Court of Appeal.
Damages
You can demand that a person who shared your intimate images, or threatened to do so, compensate you financially for the harm you have suffered. This sum of money will go to you, unlike fines, which are payable to the State.
To recover damages, you must file a civil liability claim.
The law presumes that the person who shared the intimate image or threatened to do so has committed a civil fault. To avoid paying damages, they must prove that they did not commit a civil fault—for example, that they had your consent to share the image. You are under no burden to prove the reverse.
If you are seeking $15,000 or less in damages, you must file a claim with the Court of Québec’s Small Claims Division.
If the amount of damages you seek exceeds $15,000, you must file a claim with the Court of Québec’s Civil Division or the Superior Court of Québec (links in French only), depending on the amount sought.
You may need to hire a lawyer to assist you.
Reporting and financial compensation
Non-consensual sharing of an intimate image is a crime.
If the person represented in the image is under 18 years of age or is presented as though they are under 18 years of age, it is also considered child pornography. The crime of child pornography will be known as “child sexual abuse material” beginning in October 2025.
In addition to applying for an urgent order to cease or prevent the sharing of an intimate image—which is an expedited civil procedure—you can also make a police report. The police will launch a criminal investigation.
You can also apply for financial assistance under the Indemnisation des victimes d’actes criminels (crime victim compensation — IVAC) program.
Resources
If you are in need of support or assistance:
Contact an assistance and information resource for victims of crime.
Consult the following resources about intimate image sharing (in French only):
- Napperon - Partage sans consentement d’une image intime (PDF 461 Kb)
- Napperon - Un meilleur accompagnement des personnes victimes de violence sexuelle et de violence conjugale en matière civile (incluant en matière familiale (PDF 418 Kb)
- Document destiné aux élèves
- For teachers: Le partage sans consentement d’une image intime d’un élève
- For parents : Le partage sans consentement d’une image intime de votre enfant
Last update: December 17, 2025