Manitoba bill cracks down on AI intimate images

Hey there, time traveller!
This article was published 14/03/2024 (571 days ago), so information in it may no longer be current.

The Manitoba government has introduced a proposed law to prevent the spread of computer-altered intimate images.

Bill 24, the Intimate Image Protection Amendment Act, would expand the definition of intimate images to include those altered by electronic means.

The law that was passed in 2016 defined an intimate image as picture or recording in which a person is nude, partially nude or engaged in explicit sexual activity that was made in circumstances that gave rise to an expectation of privacy in the picture or recording.

Justice Minister Matt Wiebe said that by expanding the definition, victims who’ve had their images altered by artificial intelligence to depict them as being nude or engaged in sexual activity, can sue the person who distributed the images.

The bill proposes to rename the legislation the “Non-Consensual Distribution of Intimate Images Act.”

The legislation would act as a deterrent to creating and sharing such images, he said.

“There are some recent images that have been very troubling in Manitoba, and we want to make sure that the legislation enables people to protect themselves,” Wiebe told reporters Thursday without being specific.

In December, the Winnipeg Police Service investigated reports of AI-generated nude photos of underage students that were circulating at Collège Béliveau, a Grade 7 to 12 high school in Windsor Park.

School administrators had sent a letter to families to alert them that doctored photos of students had been shared online.

It said that original photos appear to have been gathered from publicly accessible social media and “explicitly altered.”

Winnipeg police said last month there would be no criminal charges related to the case after discussions with the Crown prosecutor.

Louis Riel School Division superintendent Christian Michalik said Thursday the division looks forward to providing feedback on the proposed legislation.

“In principle, the division supports the concept of an expanded definition, an update that will afford Manitobans a level of protection similar to that of many other provinces,” he said in a statement.

The proposed legislation aims to send a message that using AI to generate such images is against the law, Wiebe said.

“I want to highlight the fact that AI has become such an accessible tool for people to use online that it’s important to send a very clear message that it may feel easy or simple to create an intimate image, but as soon as you’re distributing it, you’re breaking the law,” Wiebe said after question period.

The proposed law defines a fake intimate image as “any type of visual recording that in a reasonably convincing manner falsely depicts an identifiable person as being nude or exposing their genital organs, anal region or breasts or engaging in explicit sexual activity.”

The Canadian Centre for Child Protection, which helps victims get such online images taken down, said provincial laws need to change as technology changes.

It applauded Manitoba for updating the act and defining a fake intimate image.

“It sends the message that it’s not OK to be producing these types of images and that it’s serious,” associate executive director Signy Arnason said.

The centre, headquartered in Winnipeg, is the designated agency for receiving and responding to requests for information or assistance from Manitobans who are affected by the non-consensual distribution of an intimate or sexual image.

“It’s really important that we’re demonstrating as a society that we take this seriously because the repercussions for those who are victimized in this capacity, it’s pretty serious, it’s incredibly traumatic and we need to be paying attention to that.” Arnason couldn’t talk about specific cases but said educating young people about the changes when they become law is important.

“We know that there’s a need to be adapting the educational material that we produce for kids so they know that we’re referring to AI deepfake-related images and raising awareness amongst youth that this is a big deal and it’s not funny and these things need to be taken seriously.”

The Tories said they support the bill, which they claimed had been their idea.

“We have to protect women and girls in Manitoba from being exploited by dangerous deepfakes and revenge-porn content generated by AI,” families critic Lauren Stone said in a statement.

The PCs gave notice March 6 of their intention to introduce a private member’s bill with the same name and intent, Stone said. “The NDP followed our lead a week later.”

carol.sanders@freepress.mb.ca