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Consent to take or privately send an intimate image is not the same as consent to share it with other people. Depending on where you live, laws may allow criminal prosecution, a civil claim, a court order to stop distribution, or a request to a platform to remove the image. The rules differ by jurisdiction, and no single law applies worldwide.
How the main legal protections differ
These are separate routes, and a person may have more than one available. A criminal report asks police or prosecutors to investigate whether an offence occurred. A civil claim is brought by the affected person and may seek a remedy such as damages or an injunction. A platform-removal process seeks action from a covered online service; it does not itself determine criminal guilt or provide civil damages. Eligibility and procedure depend on the location and facts. The U.S. Department of Justice explains that making or sending an intimate image does not, by itself, mean consenting to its later disclosure.
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Official sources also use terms such as “intimate image abuse,” “image-based abuse,” and “non-consensual intimate visual depictions.” “Revenge porn” is a colloquial label, not a reliable description of every situation covered by law.
| Jurisdiction covered here | Examples of legal protections | Important scope or timing point |
|---|---|---|
| United States | Federal civil action; federal criminal prohibitions; a platform notice-and-removal process under the TAKE IT DOWN Act. | The Act was enacted May 19, 2025. State laws may also apply. |
| United Kingdom | Changes to intimate-image offences and platform duties under the Crime and Policing Act 2026. | Sections 100 and 101, concerning qualifying reports to regulated services, took effect June 29, 2026. Other provisions have their own commencement rules. |
| Canada, including Québec examples | A 2026 federal amendment addresses intimate images, specified AI-generated representations, and certain threats. Québec guidance describes urgent court orders and civil remedies. | Check commencement information for the federal amendments. Québec procedures are not a summary of law across all of Canada. |
| Australia: Queensland and New South Wales examples | State offences and reporting or removal assistance; the precise rules depend on the state or territory. | NSW says its reforms apply to conduct on or after February 16, 2026. Queensland guidance states a maximum penalty of three years for sharing or threatening to share. |
United States: a federal civil claim, criminal law, and platform removal
Federal civil action
Under 15 U.S.C. § 6851, a person may bring a federal civil action if an intimate image was shared without consent and the defendant knew that consent was lacking or recklessly disregarded that fact. A court may order the sharing to stop and award financial losses or statutory damages of up to $150,000, along with attorney’s fees and costs in applicable circumstances. The person may ask to proceed anonymously. This is a private lawsuit; the federal government does not represent the plaintiff, and limited good-faith exceptions apply. See the Department of Justice overview.
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TAKE IT DOWN Act
The TAKE IT DOWN Act, Public Law 119-12, creates federal criminal prohibitions for specified intentional online publication of non-consensual intimate visual depictions and digital forgeries. It has separate provisions for adult and minor subjects and includes statutory exceptions. Its criminal provisions and its platform obligations are distinct parts of the law.
Covered platforms must provide a plain-language process for reporting qualifying material. After a valid request, the platform must remove it as soon as possible and no later than 48 hours, and make reasonable efforts to find and remove known identical copies. The Federal Trade Commission enforces the platform obligations. The Act does not replace potentially applicable state criminal or civil laws; it does not provide a complete inventory of those laws.
United Kingdom: check which 2026 provisions are in force
The Crime and Policing Act 2026 changes intimate-image offences and Online Safety Act platform duties, but its provisions do not all share one start date. As of October 7, 2026, sections 100 and 101 were in force from June 29, 2026. They require regulated services to operate systems to take down qualifying reported intimate-image content and substantially identical content within 48 hours. The report must be valid, made by the person depicted or someone acting on their behalf, and concern content the service assesses as intimate-image content. See section 100 and the commencement regulations.
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Canada: federal changes and Québec-specific remedies
Federal Criminal Code amendments
Canada’s Protecting Victims Act, enacted in 2026, amends Criminal Code section 162.1. The amendment expressly includes certain electronic or mechanical visual representations made with AI, where the image depicts an identifiable person in a specified intimate state and is likely to be mistaken for a recording of that person. It also adds an offence for a specified threat to publish, distribute, transmit, sell, make available, or advertise an intimate image, when the person making the threat intends to intimidate or to be taken seriously. The law’s scope depends on those definitions and conditions; check the Act and current consolidated Criminal Code, including applicable commencement information, for a particular case.
Québec procedures
Québec’s guidance describes an urgent application to a Court of Québec judge or justice of the peace for an order to stop or prevent sharing. It says the rules address sharing and threats, including images made without the subject’s knowledge and deepfakes. The guidance also describes a civil claim for damages, a presumption of fault that the defendant may rebut, police reporting, and victim compensation. These are Québec-specific procedures, not a statement of the rules throughout Canada. Consult the Government of Québec guidance for details.
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Australia: state and territory law matters
Queensland
Queensland describes image-based abuse as including taking, sharing, or threatening to share an intimate image without consent. Its list of prohibited conduct includes editing someone into sexually explicit imagery and generating an AI deepfake. The government states a maximum penalty of three years’ imprisonment for sharing or threatening to share. Its guidance is a summary, not exhaustive legal advice.
New South Wales
NSW says its law criminalizes creating, sharing, or threatening to share sexually explicit images, videos, or audio without consent, including material digitally altered or generated with AI to depict someone in a sexual situation. The reforms apply to actions on or after February 16, 2026. NSW advises reporting to police; eSafety can assist with reporting and removal without requiring a police report or court proceeding. See the NSW Department of Communities and Justice guidance.
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These examples should not be treated as a complete account of Australian law. Criminal and civil responses, prevention, education, and victim support all form part of the issue, while specific offences and remedies vary by jurisdiction. The Australian Attorney-General’s Department states: “The protection and respect of victims and minimisation of harm to victims is essential in responding to the non-consensual sharing of intimate images.” Its national principles provide context, not a substitute for checking the relevant state or territory law.
Quick Recap
What to check if this concerns you
- Identify the relevant location. The person’s location, where the conduct occurred, and the platform’s coverage can matter. National rules may operate alongside state, provincial, or territorial law.
- Check the date and exact conduct. Laws may distinguish creating, sharing, threatening to share, and distributing altered or AI-generated material. A provision may apply only to conduct after its commencement date.
- Choose the route that addresses the immediate need. Police or prosecutors investigate possible offences; a civil lawyer can assess a claim or injunction; a platform’s reporting process can seek removal. One route does not automatically replace the others.
- Use local support and legal advice. Contact the relevant local police, court, regulator, or victim-support service and seek advice from a qualified lawyer in the jurisdiction. Do not forward or repost the image to explain what happened.
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