It was once my position that if the accused cannot furnish proof that they had consent to share the image publicly, they should then be subject to whatever legislation is designed. I would say that since I wrote that, my position has changed, and I'm of the same mind as Mr. Fraser on this issue.
I do think the “being reckless” clause is a little bit dangerous; the best way to design this legislation would be to rephrase it to something along the lines of “known or ought to have known” or “a reasonable person would assume” that the person did not give their consent to that conduct.
The reason is that you want to include people, for example, who might share an image from a website that is specifically created and marketed to share non-consensual images. Sad to say, there is quite a market for this. If someone visits a website that has marketed itself as a place where you can find images of people who didn't consent to the images being shared, well, if you share from that website, even if you don't have direct knowledge of the subject's consent, you ought to know that they didn't consent.
So the wording that Mr. Fraser outlined is what I would now suggest.