Manitoba introduces bills to protect against AI-generated nudes, prevent certain offenders from changing names
‘We know that as technology evolves, we need to act,’ justice minister says
Manitoba has introduced two bills the NDP government says will help protect people from sexual predators — whether it's online or in person.
That includes Bill 24 — also known as the Intimate Image Protection Amendment Act (Distribution of Fake Intimate Images) — which had its first reading in the legislature on Thursday afternoon.
Justice Minister Matt Wiebe, who introduced the bill, said the legislation would expand the definition of what's considered an intimate image to include those created or manipulated by technology, including artificial intelligence.
"By expanding the definition, victims who have had computer-generated or altered intimate images distributed without their consent will have access to the civil remedies provided for under the act," Wiebe said in the legislature, adding the new legislation could also be a deterrent against sharing those kinds of images.
"While other jurisdictions such as British Columbia and New Brunswick and Saskatchewan have brought forward similar legislation, these amendments … will make Manitoba a leader in protecting and supporting victims."
The new legislation describes intimate images 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 as engaging in explicit sexual activity.
Legislation applies to modified images
It applies to images created with "software, machine learning, artificial intelligence or other means" which includes the use of those technologies to modify real photos or videos.
The wording of the bill says it would apply in cases where it's "reasonable to suspect that the person depicted in the image would not consent to the recording being made or distributed to others."
"We know that as technology evolves, we need to act as government to ensure that we're protecting kids and we're protecting vulnerable people throughout our society," Wiebe said of the legislation, which he said "moves Manitoba into the future when it comes to the impacts of A.I. and altered images."
"A.I. 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 do, to create an intimate image, but as soon as you're distributing it, you are breaking the law and you need to be held accountable," he told reporters.
Manitoba Premier Wab Kinew told CBC's Information Radio host Marcy Markusa earlier Thursday that the legislation was needed because of how much "generative AI has changed the playing field."
"Specifically, people can be victimized without their knowledge in a new kind of way, which was not there perhaps a few years ago. And so we need to update the legislative framework," Kinew said.
"This is a real threat to young people. This is not something that we can turn away from. This is something that we need to act on."
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Signy Arnason, associate executive director at the Winnipeg-based Canadian Centre for Child Protection, said she was thrilled to see the legislation introduced in Manitoba addressing what she called a "critically important" issue.
"We're on the front lines facing this with Canadians and with children and youth, and it's becoming an enormous issue," she said, adding her organization has seen an "explosion" of those kinds of issues in schools now that apps that can generate nude images using AI are so easily available.
"We know there's a major impact in relation to these AI tools that are out there, that make it so simple to take innocent images, just a headshot of somebody, and then turn it into a nude image and then that's spreading online," Arnason said.
She said it's important for legislation like what was introduced in Manitoba to be created to send a message that type of behaviour is serious.
The legislation was hailed as really positive by Suzie Dunn, an assistant law professor at the Schulich School of Law at Dalhousie University in Halifax. She also said the expanded definition of what's considered an intimate image is really excellent.
Dunn said the expanded definition in the proposed legislation will be more encompassing to more modern technology that isn't just altering images, but actually creating images that are new in themselves. She cited a recent example of Taylor Swift deepfakes as photos that weren't altered photos but, rather, ones created from scratch using technology.
"Having this new definition of fake intimate images is something that I think will be really beneficial and include these new forms of synthetic intimate imagery," said Dunn.
Stopping offenders from changing names
A bill that would stop people convicted of sex crimes or other serious or violent offences from being able to legally change their name in Manitoba was also introduced on Thursday.
Bill 23, known as the Change of Name Amendment Act, would require everyone who applies to change their name to include a certified criminal record check — on top of the existing requirement for fingerprints, said Consumer Protection and Government Services Minister Lisa Naylor, who introduced the bill for a first reading.
"When someone has survived sexual violence, they want to know that the perpetrator can't simply hide behind a new identity," she told reporters later Thursday.
"To keep Manitobans safe, we're ensuring that Manitoba does not become a haven for offenders to live in order to change their name."
Naylor said the government still needs to determine exactly what crimes will be included, which she said it plans to figure out after consultations including victim services groups and police services.
That list will include "many sex-related criminal offences, but may also include other serious offences" like murder or trafficking children out of the country, Naylor said.
Similar legislation to Manitoba's Bill 23 has also been introduced in other provinces, including Ontario and Newfoundland and Labrador.
With files from Rosanna Hempel and Kalkidan Mulugeta