Revenge Porn in Australia: Find Out The Legal Ramifications Of Recording And Sharing Intimate Images Without Consent

The continuous expansion of technology brings constant improvements to our lives, but unfortunately there will always be unwanted behaviour stemming from these advances. One such example is the sending of explicit images to loved ones or friends. There is nothing wrong with this behaviour, but when a relationship breaks down,images that were sent to a former lover are sometimes sent to other parties without the other’s consent. This type of sharing of intimate images without consent is often referred to as ‘Revenge Porn’, and can have devastating effects on those involved.

New legislation

To help curb this unwanted and damaging behaviour, parliament has legislated to create a new set of offences for people who distribute or threaten to distribute intimate images without the consent of all parties involved.

These new offences include the following actions:

  1. Intentionally recording an intimate image of another person without their consent.
  2. Intentionally distributing an intimate image of another person without their consent.
  3. Threatening to record and/or distribute an intimate image of another person without consent.
  4. Contravening an order, such as failing to take reasonable steps to take down or destroy an intimate image recorded or distributed without consent.

It should be noted that the first three offences are classified as indictable offences, and carry a maximum of three (3) year’s imprisonment.

Legal definition of an intimate image

To help better understand the reach of these offences, it is worth knowing what the legal definition of an intimate image is:

An intimate image is defined as a still or moving image of a person’s genitalia taken in circumstances in which a reasonable person would expect to be afforded privacy.

Legal help is available

If you have been charged with any of the above offences related to Revenge Porn, you have to ensure that you consult with specialist criminal lawyers.

Contact Thexton Lawyers as soon as possible, and let us help you. We are a fixed-legal fee practice, and pride ourselves on providing effective and high-quality legal advice to all our clients.