The B.C. provincial court has sentenced a 42-year-old man to five months in jail for unlawfully posting sexually explicit videos and photos of his ex-partner on the adult website Pornhub. This incident, which occurred without the victim's consent, has drawn significant public attention to the issue of online privacy violations.
Judge Robin McQuillan, during the sentencing this month, revealed that the man, whose identity is protected by a publication ban, began dating the victim in 2020. Their tumultuous relationship lasted just over two years, characterized by repeated breakups and reconciliations. According to the ruling, the accused recorded several intimate videos of the couple, some of which were made with consent and others that were not. However, the victim was never informed or agreed to any of the recordings being shared online.
After their final breakup, the accused made multiple attempts to contact the victim, which she rebuffed by blocking his number. In March 2023, he sent her a link to his Pornhub profile, containing her photographs and nickname, admitting to having posted the explicit materials online. The ruling stated that the woman's face was “clearly identifiable” in the uploaded content, which included explicit descriptions and titles.
Following the victim's immediate report to the police, an investigation revealed a total of 18 videos and 80 photos featuring her, all of which were subsequently taken down by Pornhub in November 2023 after law enforcement contacted the platform. Judge McQuillan emphasized that the man's actions had "considerable aggravating features," including the victim’s identifiable nature, the public availability of the images for an extended duration, and the premeditated and revenge-driven motives behind the offending behavior. The judge concluded that a sentence was necessary to communicate a strong message of denunciation and deterrence to similar offences.
Legal expert Moira Aikenhead from the University of British Columbia’s Allard School of Law noted that while the five-month sentence appears appropriate, victims often continue to grapple with the aftermath of such violations long after an offender serves their prison term. She stated, “The victim is not getting those images back. They are not getting that violation of sexual integrity and bodily autonomy back,” highlighting the perpetual risk of the material remaining online indefinitely.
Aikenhead mentioned the Intimate Images Protection Act of British Columbia, which provides victims with a civil-law recourse to expedite the removal of offending images. She explained that the harm inflicted by such violations often extends beyond the initial act of sharing intimate content without consent, leaving enduring psychological scars on the victim. There persists a legitimate fear among victims that the non-consensual images may resurface at any time, emphasizing the limitations of the criminal justice system in addressing the full extent of the damage caused.
According to the court ruling from Port Coquitlam, police discovered the man created the Pornhub account in August 2022. The explicit content he shared garnered over 10,000 views, with most videos being uploaded between September and November 2022, and some as recently as March 2023. The investigation also uncovered that the man had registered the account under his banking information, indicating that he might have been incentivized to earn money based on the view count of the explicit content.
Despite the severity of his actions, the man complied with bail conditions and sought professional help for substance abuse issues, expressing deep regret, embarrassment, and shame regarding his actions. The judge noted that his comments appeared to be sincere and heartfelt. This case underscores the pressing need for protective measures against the unauthorized sharing of intimate images, emphasizing the importance of individual consent in all aspects of intimate relationships.
