This government does not support this amendment. In our view the proposed new offence does not expose Internet service providers to liability unless they meet all of the elements of the proposed offence. I'll remind Madam May that the elements include that, in addition to the transmission being non-consensual, the prosecutor must prove that the accused knew that the image was an intimate image, that it depicted nudity or sexual activity, that it was taken in private, and that it was an image in which the depicted person had a reasonable expectation of privacy.
I can't imagine, Mr. Chair, how a telecom provider, an ISP provider, would know all of those things if they weren't somehow implicated in trying to use that image for the exact purposes that we're trying to protect people against in this bill. So on that basis, we would not be supporting the amendment.