Revenge porn definition: Image-based abuse (commonly called “revenge porn”) is the non-consensual recording, distribution, or threatened distribution of intimate images or videos. The legal term used in Australia is “image-based abuse” as defined under revenge porn laws Australia-wide.
This includes:
- Nude or sexual images/videos shared without consent
- Threatening to share intimate content
- AI-generated or altered images (deepfakes)
- Recordings made without knowledge or permission
In NSW, this is a serious criminal offence under sections 91N, 91P, and 91Q of the Crimes Act 1900.
Source: NSW Crimes Act 1900
Is Revenge Porn Illegal in Australia?
Yes. If you’re asking “is revenge porn illegal” – the answer is definitively yes across all Australian states and territories, with both state-based criminal laws and federal protections under the Online Safety Act 2021.
Source: eSafety Commissioner – Image-Based Abuse
Can You Go to Jail for Revenge Porn?
Yes. Revenge porn is a criminal offence with serious penalties.
Penalty for revenge porn in NSW:
- Maximum 3 years imprisonment
- Fines up to $11,000 (100 penalty units)
How long do you go to jail for revenge porn? While the maximum is 3 years, actual sentences depend on the severity, impact on the victim, and whether there are prior offences. Courts consider factors like the extent of distribution, use of threats, and the perpetrator’s intent.
Source: NSW Department of Communities and Justice – Crimes Amendment Act
This applies to:
- Distributing intimate images without consent (s 91Q)
- Recording intimate images without consent (s 91P)
- Threatening to distribute intimate images (s 91N)
- Deepfakes and AI-generated content (covered under 2025 reforms)
Is Revenge Porn Sexual Assault or Sexual Abuse?
This is a common question with an important distinction:
Is revenge porn sexual assault? Legally, image-based abuse is classified as a “sexual offence” or “personal violence offence” in NSW but is distinct from “sexual assault” which requires physical contact or force under Section 61I of the Crimes Act 1900.
Is revenge porn sexual abuse? While not classified as “sexual assault” in the traditional legal sense, it is:
- Treated as a serious sexual offence for protection orders
- Triggers sex offender reporting requirements upon conviction
- Recognised as a form of technology-facilitated abuse and sexual violence
Source: NSW Victims Services
Deepfake Revenge Porn & AI-Generated Content
Deepfake revenge porn is illegal in Australia. With emerging technologies like AI “undressing” tools and platforms like Grok on X enabling one-button image manipulation, NSW law now explicitly addresses this growing threat.
The September 2025 reforms to the Crimes Act specifically cover:
- AI-generated intimate images (AI revenge porn)
- Altered or manipulated images (deepfakes)
- “Face-swapped” pornographic content
- Synthetic sexual content created without consent
Same penalties apply: Up to 3 years imprisonment and/or $11,000 fine
This legislation responds to government concerns about the ease of creating non-consensual deepfake content and its devastating impact on victims.
How to Deal with Image-Based Abuse / Revenge Porn: Immediate Action Steps
1. DO NOT DELETE ANYTHING
How to prove revenge porn: Evidence is crucial. While the instinct is to remove content immediately, this destroys evidence needed for both criminal prosecution and civil claims.
Instead:
✓ Take screenshots of images, URLs, and platforms
✓ Save any messages, threats, or communications
✓ Document dates, times, and locations of posts
✓ Record the perpetrator’s username/profile details
✓ Note anyone who received, shared, or viewed the content
How to Report Revenge Porn
Step 1: Report to Platforms for Removal
eSafety Commissioner (esafety.gov.au)
- Can order websites and social media platforms to remove content within 24 hours
- Handles porn sites, social media, and international platforms
- Free service for Australian victims
- This is the primary method for getting images removed quickly
For content on porn sites specifically:
- Report directly to the platform using their abuse reporting system
- Simultaneously report to eSafety Commissioner for enforcement action
- Document your reports (save confirmation emails)
Source: eSafety Commissioner – Report Image-Based Abuse
Step 2: Report to Police (Criminal Matter)
NSW Police can investigate and press criminal charges:
- Visit your local police station or report online via NSW Police Force website
- Bring all evidence (screenshots, messages, URLs, perpetrator details)
- Request a formal statement be taken
- Ask about Apprehended Violence Orders (AVOs) for ongoing protection
- Request updates on the investigation progress
Tips on what evidence to gather for police:
- Original device/account where images were sent from (if accessible)
- Witness statements from anyone who saw threats or distribution
- Records showing emotional/financial impact (medical records, counselling invoices, time off work)
- Any prior history of abuse or threats from the perpetrator
- Communication showing lack of consent
Source: NSW Police Force
Revenge Porn Helpline & Support
1800RESPECT (1800 737 732) – 24/7 crisis support
eSafety Commissioner: 1800 880 176 (Mon-Fri, 8am-8pm AEDT)
These services provide immediate emotional support and guidance on next steps.
Source: 1800RESPECT
Read our other defamation case studies.
Suing for Image-Based Abuse / Revenge Porn: Your Civil Law Rights
Yes, you can sue for revenge porn. Beyond criminal prosecution, victims can pursue civil compensation through legal action. O’Brien Solicitors specializes in both criminal defence and civil litigation for image-based abuse cases.
Breach of Confidence Claims
The most effective civil action for image-based abuse. This focuses on the violation of privacy and trust, not whether the images are “true.”
Potential Damages:
- $35,000 – $50,000+ awarded in Australian cases
- Compensation for emotional distress, reputational harm, and psychological injury
- Loss of income if employment was affected
- Costs for counselling and therapy
- Legal costs may be recoverable
Source: Australasian Legal Information Institute – Case Law
Other Civil Options:
- Intentional infliction of emotional distress
- Injunctions to prevent further distribution
- Orders for the perpetrator to destroy images
- Orders for the perpetrator to pay ongoing damages
Defamation may also apply if false claims accompany the images. O’Brien Solicitors’ defamation team can assess whether your case involves both image-based abuse and defamatory statements.
For expert legal representation in suing for revenge porn, contact O’Brien Solicitors’ dedicated Revenge Porn Lawyers.
Compensation Options for Image-Based Abuse
1. Civil Lawsuit (Most Direct Path)
Sue the perpetrator directly for breach of confidence. O’Brien Solicitors can help you assess your claim and pursue maximum compensation.
2. NSW Victims Support Scheme
- Financial assistance for counselling, medical expenses, loss of earnings
- “Recognition payments” available for prescribed injuries
- Requires formal diagnosis of psychological harm
- Apply through NSW Victims Services
Source: NSW Victims Services
3. Court-Ordered Compensation
If the offender is convicted criminally, the court can order them to pay compensation for specific losses under Section 97 of the Victims Rights and Support Act 2013.
Source: Victims Rights and Support Act 2013
Statute of Limitations on Revenge Porn
Criminal Charges (NSW):
- Image-based abuse offences are “Table 2” indictable offences under the Crimes Act 1900
- No strict 6-month time limit – can be prosecuted years later
- Unlike summary offences, there is no statute of limitations preventing prosecution
- However, report as soon as possible while evidence is fresh and witnesses are available
Civil Claims:
- Generally 3-6 years from the date of the offence, depending on the specific cause of action (breach of confidence vs. intentional infliction of emotional distress)
- Earlier action strengthens your case and preserves evidence
- Consult O’Brien Solicitors to understand your specific timeframe
Source: Limitation Act 1969 (NSW)
Evidence Checklist: How to Prove Image-Based Abuse
When reporting to police or pursuing legal action through O’Brien Solicitors, gather:
□ Screenshots of the images (with visible URLs/timestamps)
□ The perpetrator’s profile/username/contact details
□ All messages, emails, or threats (especially those showing intent)
□ Names of anyone who received/viewed the content
□ Platform/website where content appeared
□ Any previous incidents or threats
□ Records of emotional/financial impact (counselling invoices, medical records, job loss documentation)
□ Witness statements
□ Proof of relationship or how perpetrator obtained images
□ Any communication establishing images were private/confidential
The more comprehensive your evidence, the stronger your criminal case and civil claim.
Why Choose O’Brien Solicitors?
We Handle Both Criminal Defence & Civil Compensation Claims
- Criminal Law Expertise: Advice and representation if you’re facing charges or pursuing criminal action
- Civil Litigation: Pursue compensation through breach of confidence claims with our experienced civil litigation team
- Defamation Specialists: Protect your reputation when false statements accompany images through our defamation law services
- Experienced Advocacy: We understand the sensitivity of these cases and fight for maximum compensation
- Proven Results: Successfully represented victims in image-based abuse compensation claims
Your privacy and dignity are our priority. We handle these matters with utmost discretion and professionalism.
Take Action Today Against Image-Based Abuse
If you’re a victim of image-based abuse, you have legal rights and options for justice. Understanding revenge porn laws Australia-wide and knowing how to report revenge porn are the first steps to reclaiming control.
Contact O’Brien Solicitors for a confidential consultation:
📞 [Phone Number]
📧 [Email Address]
🌐 www.obriensolicitors.com.au
Immediate crisis support:
Revenge porn helpline – 1800RESPECT: 1800 737 732 (24/7)
eSafety Commissioner: 1800 880 176
Key Takeaways: Image-Based Abuse
✓ What is revenge porn? Non-consensual sharing or threatening to share intimate images
✓ Is revenge porn illegal? Yes, across all Australian states with serious penalties
✓ Can you go to jail for revenge porn? Yes, up to 3 years in NSW
✓ How to report revenge porn: eSafety Commissioner for removal, NSW Police for criminal charges
✓ Suing for revenge porn: You can claim $35,000-$50,000+ in civil compensation
✓ Deepfake revenge porn: Now explicitly illegal under 2025 NSW reforms
This factsheet provides general information about NSW law. It is not legal advice. Every case is different, and outcomes depend on individual circumstances. Contact O’Brien Solicitors for advice specific to your situation.
Last updated: February 2026
