B.C. tribunal denies second penalty against X over intimate images

A B.C. tribunal has denied a second penalty against social media platform X for failing to delete intimate images. Last year, the tribunal ordered X to pay a $100,000 penalty after it failed to delete an intimate image shared through an account, despite a protection order requiring its removal.

Instead of deleting the image, X blocked it from being viewed in Canada while leaving it available elsewhere. The platform challenged the decision, arguing the tribunal could not enforce a B.C. law globally. This week, the tribunal agreed and denied the second penalty. The original penalty is now under judicial review.

In the decision, vice-chair Eric Regehr wrote that internet intermediaries can avoid administrative penalties if they prove they took reasonable steps to address the distribution of unlawful intimate images on their platforms.

Online safety advocate Carol Todd, who has spoken about internet dangers since her daughter Amanda’s death, said she was disappointed but not surprised. She questioned why big tech and platforms such as X could “get away with this,” as if B.C. legislation did not matter, and said the ruling made her angry.

Experts say Canada needs stronger federal legislation to give authorities more power to hold such companies accountable. Heidi Tworek, a University of British Columbia professor of history and public policy, said federal legislation is being introduced because the current framework is insufficient.

A federal law was changed to include synthetic images, such as deepfakes, in the definition of intimate images. Bill C-34, the Safe Social Media Act, is also making its way through Parliament. It would create a federal digital regulator and ban social media use by children under 16.

The tribunal also rejected X’s bid to recover more than $100,000 in legal costs from the woman who brought the case.