4(1)In an application under section 5, the respondent has the burden of proving that the applicant did not have a reasonable expectation of privacy in relation to the intimate image at the time the visual recording was made and, if the visual recording has been distributed, at the time it was distributed.

4(2)In an action under section 6, the defendant has the burden of proving that the plaintiff did not have a reasonable expectation of privacy in relation to the intimate image at the time the visual recording was made and, if the visual recording has been distributed, at the time it was distributed.