CANADA: Civil Code of Québec ARTICLES 3, 35, 36

1. Overview

The Québec Civil Code has been in effect since 1994. It protects human rights, including personal integrity, also privacy and dignity. Therefore, articles 3, 35, and 36 are key for dealing with deepfakes. They help prevent the misuse of someone’s image, voice, or private life in misleading digital content.

2. Scope of the Law

These legal provisions focus on deepfakes that cause harm to a person’s reputation. It also violates their privacy or uses their image without authorization, which is considered non-consensual. They cover both production and transmission of such materials. The law covers civil contexts and permits exceptions regarding public interest, also for journalism and art. It is provided they are in line with the principles of dignity and privacy.

3. Key Provisions

• Prohibited Acts: According to Article 36, the following acts may invade a person’s privacy, either by using their name, image, likeness, or voice for anything other than sharing legitimate information publicly.
• Requirement of Consent: Article 35 states, “Every person has a right to the respect of his reputation and privacy. No one may invade the privacy of a person without the consent of the person or without the authorization of the law.”
• Platform Obligations: Although the Code does not impose direct obligations on platforms. However, it empowers victims to approach courts for injunctions or damages for defaults.

4. Penalties & Enforcement

Enforcement is done by civil action. Courts can award compensation for any injury caused and can order the removal or the stoppage of distribution of the content. These cases are dealt with by the Québec Superior Court.

5. Notable Cases or Precedents

Although there are currently not many deepfake cases per se, Québec courts have consistently enforced robust privacy protections in cases of media misuse, establishing a solid precedent for any future deepfake claims.

6. Comparison to Global Standards

The privacy laws of Québec are stricter than those followed in the United States.

They require strong consent from individuals and closely match the privacy rules that are proposed by the GDPR in Europe.

7. Practical Implications

Anyone who uses Visual or voice in AI-generated material is required to obtain unequivocal consent. Victims may seek civil remedies for intrusions into privacy, and magistrates may also require offending matter to be removed.

8. Future Outlook

With advancements in deepfake technology, Québec may enact more specific provisions of law on AI and digital impersonation to complement the present protection afforded by its civil code.