April 07, 2017
Lara Guest, associate and expert in privacy litigation, was interviewed in a CBC article to discuss a possible trial that could set precedents for the civil remedy of privacy violation concerning the non-consensual distribution of intimate images. The potential trial follows an overturned judgment in which “[the defendant] was ordered to pay over $140,000 in damages last year for allegedly posting a video of his ex-girlfriend on [an explicit] website.” Lara gives her insight regarding what one can expect from the courts in terms of damages in an excerpt from the article, below.
"The courts have acknowledged that this type of harm is extremely severe and so damage awards should reflect that in its size," Toronto-based lawyer Lara Guest said.
"The motivation behind the damages is repairing that harm."
Individuals should not be blamed for sending explicit photos or videos because that is within their right, according to Guest.
Defamation risk for 'outing' alleged distributors of non-consensual explicit images
"There's absolutely nothing wrong with that in terms of their conduct," Guest said.
"But the conduct that's bad and malicious and illegal is the conduct of actually posting it or distributing it."
To read the full article, click here.
Read more about Lara’s insight into the complex world of online privacy here.