5(1)If a person who is eligible under subsection 3(1) makes an application to the court for relief, the court may make a declaration or order under subsection (2) if it is satisfied that
(a)
the image is an intimate image of the applicant,
(b)
the applicant had a reasonable expectation of privacy in relation to the intimate image, and
(c)
the respondent distributed the intimate image.
5(2)In respect of an application under subsection (1), the court may do any one or more of the following:Â
(a)
declare the distribution of the intimate image to have been unlawful;
(b)
order the respondent to make every reasonable effort to make the intimate image unavailable to others, including by
(i)
destroying all copies of the intimate image in the respondent’s possession or control,
(ii)
having the intimate image removed from any platform operated by an Internet intermediary, and
(iii)
having the intimate image de-indexed from any search engine;
(c)
order an Internet intermediary or any other person to make every reasonable effort to remove or de-index the intimate image;
(d)
order the respondent to pay nominal damages to the applicant; and
(e)
make any other order the court considers appropriate in the circumstances.
5(3)If a person who is eligible under subsection 3(1) makes an application to the court for relief, the court may make a declaration or order under subsection (4) if it is satisfied that
(a)
the image is an intimate image of the applicant,
(b)
the applicant had a reasonable expectation of privacy in relation to the intimate image, and
(c)
the respondent threatened to distribute the intimate image.
5(4)In respect of an application under subsection (3), the court may do any one or more of the following:Â
(a)
declare the threat to distribute the intimate image to have been unlawful;
(b)
order the respondent to refrain from distributing the intimate image;
(c)
order the respondent to make every reasonable effort to make the intimate image unavailable to others, including by destroying all copies of the intimate image in the respondent’s possession or control;
(d)
order the respondent to pay nominal damages to the applicant; and
(e)
make any other order the court considers appropriate in the circumstances.