6(1)If a person who is eligible under subsection 3(1) brings an action claiming 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 plaintiff,
(b)
the plaintiff had a reasonable expectation of privacy in relation to the intimate image, and
(c)
the defendant distributed the intimate image.
6(2)In respect of an action under subsection (1), the court may do any one or more of the following:Â Â
(a)
declare the distribution of the intimate image to have been unlawful;
(b)
order the defendant 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 defendant’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 defendant to pay damages, including compensatory, aggravated and punitive damages to the plaintiff; and
(e)
make any other order the court considers appropriate in the circumstances.
6(3)If a person who is eligible under subsection 3(1) brings an action claiming 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 plaintiff,
(b)
the plaintiff had a reasonable expectation of privacy in relation to the intimate image, and
(c)
the defendant threatened to distribute the intimate image.
6(4)In respect of an action 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 defendant to refrain from distributing the intimate image;
(c)
order the defendant to make every reasonable effort to make the intimate image unavailable to others, including by destroying all copies of the intimate image in the defendant’s possession or control;
(d)
order the defendant to pay damages, including compensatory, aggravated and punitive damages to the plaintiff; and
(e)
make any other order the court considers appropriate in the circumstances.