A B.C. tribunal denied a second penalty against X for not deleting intimate images, while leaving a prior $100,000 fine under judicial review.
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A B.C. tribunal has denied a second penalty against the social media platform X for not deleting intimate images after a protection order was issued. Last year, the tribunal ruled that X had to pay a $100,000 penalty for failing to delete an intimate image shared via an account after the order required the image’s removal.
The tribunal heard that X blocked access to the image in Canada while leaving it available elsewhere, and that the platform challenged the decision by arguing the tribunal cannot globally enforce a law created in B.C. This week, the tribunal agreed that the second penalty should be denied, and said the original fine is now under judicial review.
In the decision, vice-chair Eric Regehr wrote that “internet intermediaries can avoid administrative penalties if they can prove they took reasonable steps to address the distribution of unlawful intimate images on their platforms.”
Online safety advocate Carol Todd said she was “disappointed, but not surprised by the ruling.” She also questioned what she described as barriers to holding platforms accountable, saying, “Why does big tech and platforms like X get away with this, and thinking that, you know, our B.C., our legislation is nothing?”
The tribunal also rejected X’s attempt to recover more than $100,000 in legal costs from the woman who brought the case forward. The ruling came as experts pointed to the need for stronger federal legislation, including reference to Bill C-34, the Safe Social Media Act, which is working its way through Parliament and would create a digital regulator at the federal level and includes a ban on social media for kids under the age of 16.
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