The Attorney General of British Columbia expressed deep concern over the legal challenge filed by a social media company, referred to as X, against an order to remove a non-consensual intimate image from the internet. Niki Sharma emphasized that the company is contesting a clear directive from B.C.’s Civil Resolution Tribunal that mandated the removal of the image for violating the province’s Intimate Images Protection Act.
Following an application for a protection order earlier this year by a transgender complainant from B.C., whose identity remains anonymous in court records, the tribunal instructed X Corp., formerly known as Twitter, to take down the image. In response, the company implemented “geo-blocking,” which restricted access to the image in Canada but not in other regions.
In September, the tribunal imposed a $100,000 penalty on the company for failing to globally delete the image, deeming it insufficient to restrict access only within Canada while allowing visibility in other jurisdictions.
X has filed a petition in B.C. Supreme Court asserting that a global blocking order would undermine foreign nations’ sovereignty and pose a threat to free speech on a global scale. The company seeks to overturn the penalty, arguing that such orders could empower hostile foreign nations to demand the removal of statements made by Canadian government officials.
The petition highlights the potential consequences of upholding global blocking orders, suggesting that it could restrict internet content based on the most stringent laws worldwide, ultimately limiting online information to conform to the strictest regulations.
The company argues that such orders could establish a dangerous precedent by legitimizing practices of authoritarian governments that do not prioritize freedom of speech and access to information.
In response to the company’s petition, the complainant labeled it as an abuse of process and a challenge against the tribunal’s lawful order. Sharma announced the province’s decision to intervene in the case to uphold the intimate images law, stating that under B.C. regulations, the removal of such images must be absolute without exceptions.
Sharma emphasized that mere blocking within Canadian borders is insufficient, asserting that survivors deserve comprehensive protection rather than partial measures.