Uploaded January 2026 | Updated September 2026, 3 hours ago
This episode of PrivacyLawyer examines proposed amendments to the Criminal Code of Canada in Bill C-16, the Protecting Victims Act, which would expand the definition of “intimate image” to include certain AI-generated and deepfake images. The episode explains how the existing offence for the non-consensual distribution of intimate images was designed around real photographs and video recordings, and why that definition has struggled to keep pace with the rapid growth of synthetic and generative imagery.
I walk through the current legal framework, including recent provincial civil legislation, and highlight the gap that exists for purely synthetic images that are realistic but not based on altered source photos. The discussion then focuses on the specific language proposed in Bill C-16, which would capture realistic visual representations that could reasonably be mistaken for actual recordings of an identifiable person, even where no real image ever existed.
The episode also explores potential freedom of expression concerns under section 2(b) of the Charter of Rights and Freedoms, particularly where AI-generated imagery is used for political satire or commentary, and considers whether the existing “public good” defence is sufficient. Finally, it reviews Bill C-16’s proposed new offence of threatening to distribute intimate images, explaining how it goes beyond traditional sextortion and why it represents a significant change to Canadian criminal law.
Information on Bill C-16 can be found here: parl.ca/LegisInfo/en/bill/45-1/C-16
Where you can find me
► Privacylawyer blog: blog.privacylawyer.ca
► My law firm: mcinnescooper.com/people/david-fraser
► Twitter: twitter.com/privacylawyer
► LinkedIn: linkedin.com/in/davidtsfraser
Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel.
All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
This episode of PrivacyLawyer examines proposed amendments to the Criminal Code of Canada in Bill C-16, the Protecting Victims Act, which would expand the definition of “intimate image” to include certain AI-generated and deepfake images. The episode explains how the existing offence for the non-consensual distribution of intimate images was designed around real photographs and video recordings, and why that definition has struggled to keep pace with the rapid growth of synthetic and generative imagery.
I walk through the current legal framework, including recent provincial civil legislation, and highlight the gap that exists for purely synthetic images that are realistic but not based on altered source photos. The discussion then focuses on the specific language proposed in Bill C-16, which would capture realistic visual representations that could reasonably be mistaken for actual recordings of an identifiable person, even where no real image ever existed.
The episode also explores potential freedom of expression concerns under section 2(b) of the Charter of Rights and Freedoms, particularly where AI-generated imagery is used for political satire or commentary, and considers whether the existing “public good” defence is sufficient. Finally, it reviews Bill C-16’s proposed new offence of threatening to distribute intimate images, explaining how it goes beyond traditional sextortion and why it represents a significant change to Canadian criminal law.
Information on Bill C-16 can be found here: parl.ca/LegisInfo/en/bill/45-1/C-16
Where you can find me
► Privacylawyer blog: blog.privacylawyer.ca
► My law firm: mcinnescooper.com/people/david-fraser
► Twitter: twitter.com/privacylawyer
► LinkedIn: linkedin.com/in/davidtsfraser
Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel.
All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
![A Christmas [Privacy] Carol - 2024 Holiday Special](https://i.ytimg.com/vi/Uc9W3FfwIsY/mqdefault.jpg "A Christmas [Privacy] Carol - 2024 Holiday Special
Many classic stories have privacy themes. For the Holidays 2024, I take a look at the Charles Dickens classic A Christmas Carol. You may not know, but its a story of creepy intrusion into the private lives of the Chratchitt family, a tale of your [digital] legacy and how to curate it.
Where you can find me
► Privacylawyer blog: https://blog.privacylawyer.ca
► My law firm: https://www.mcinnescooper.com/people/...
► Twitter: https://twitter.com/privacylawyer
► LinkedIn: https://www.linkedin.com/in/davidtsfr...
Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel.
All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.")
