Understanding What’s Happening to You
Revenge porn is a serious criminal offence in NSW, and you have immediate legal options. If intimate images or videos of you have been shared online without your consent, whether they are real images from a past relationship or fake images created using AI, you are experiencing image-based abuse and we can help.
This problem has grown well beyond what most people picture when they hear “revenge porn.” Today’s perpetrators increasingly use AI tools to create convincing fake intimate images from ordinary photos, without the victim ever having posed for anything. Whether the images are real or AI-generated, the law treats the non-consensual distribution of intimate images the same way.
This fact sheet explains what constitutes image-based abuse under NSW law, the immediate steps you can take, including getting the content removed, how to report the matter to police, and what compensation you may be entitled to claim.
Key Takeaways
- Image-based abuse is criminalised under sections 91P, 91PA, 91Q and 91R of the Crimes Act 1900 (NSW), with penalties of up to 3 years imprisonment.
- AI-generated images, deepfakes, and digitally manipulated images are covered by the same revenge porn laws as real photographs.
- The eSafety Commissioner can direct platforms to remove intimate images within 24 hours of a removal notice, and in practice, most content comes down within 1 to 2 days, at no cost to you.
- You can pursue both criminal prosecution and civil compensation claims at the same time.
- Consent to images being taken during a relationship does not mean the person consented to their distribution later.
- O’Brien Criminal & Civil Solicitors represent victims of image-based abuse in removal proceedings, police complaints, and civil compensation claims.
At a Glance: Your Immediate Options
If content is already online:
- Report to the eSafety Commissioner at esafety.gov.au. This is free, fast, and confidential
- Remember to screenshot evidence before reporting (URL, username, date/time stamp)
- Contact our lawyers to assess your options for criminal and civil action
Contact a lawyer immediately if:
- You have received threats to share images (“I’ll post these unless you…”)
- AI-generated or manipulated images of you are circulating
- You have suffered professional or financial harm as a result of the images being spread
- You want to pursue compensation through the courts
What is Image-Based Abuse?
Image-based abuse is the non-consensual creation, threatened sharing, or actual sharing of intimate images or videos. In NSW it is criminalised under sections 91P, 91PA, 91Q and 91R of the Crimes Act 1900 (NSW).
What Counts as an “Intimate Image” in NSW?
An intimate image is any still or moving image depicting a person:
- Engaged in a private act (using the toilet, showering, engaging in a sexual act, changing clothes)
- With their person’s genital area, sexual organ, anal region, or breasts (if a female person, or a transgender or intersex person identifying as female) exposed or visible through underwear
- In a sexual pose or state that a reasonable person would consider intimate
- In circumstances in which a reasonable person would expect to be afforded privacy
An intimate image of another person also includes private sexual material, any image depicting a person’s private parts, that the person depicted would reasonably expect to remain private.
From 16 February 2026, reforms under the Crimes Amendment (Intimate Image and Audio Material) Act 2025 introduced new sections to keep up with our advancing digital world. These new sections expressly criminalise:
- Altering images or audio,
- AI-generated intimate images or audio of a simulated person who represents a real, identifiable person,
- And threatening to do any of the above.
All of the above carry maximum penalties of up to 3 years imprisonment.
Notably, these reforms also extend to intimate audio material, not just images. The law now clearly covers the full range of AI-generated intimate content.
What About Images From A Past Relationship?
Remember: Consent to the recording of images during a relationship is entirely separate from consent to distribute those images. Whether or not a person consented at the time, an ex-partner who shares intimate images after a relationship ends commits an offence under section 91R. The circumstances in which the images were originally taken, including the person’s age or intellectual capacity at the time, are not a defence to later distribution.
AI-Generated Images and Deepfakes
The rise of AI tools has created new and serious forms of image-based abuse. Perpetrators now use technology including:
- Deepfake software that superimposes a victim’s face onto sexually explicit images or video,
- AI “undressing” apps that digitally strip clothing from ordinary photos,
- Face-swap apps that insert a victim’s face into existing pornographic videos,
- And AI image generators that create fake sexual images from text prompts describing a specific person.
NSW law explicitly covers “altered” intimate images. If someone uses these tools to create a fake intimate image of you, that conduct is an offence under section 91PA, and sharing it is an offence under section 91Q, just as if they had shared a genuine photograph.
We represented Hannah Grundy in her deep-fake AI abuse claim that was well documented in the media. Our criminal lawyer, Sidnie Sarang, discussed the case on Australian Story: Betrayal.
Criminal Offences and Penalties
| Offence | Section | Maximum Penalty | What It Covers |
| Recording intimate image without consent (s91Q) | s91P | 3 years imprisonment | Intimate image recorded without consent, including AI-generating images; no reasonable excuse defence applies |
| Altering images/audio or creating AI-generated intimate content without consent | s91PA | 3 years imprisonment | Deepfakes, AI “undressing” apps, face-swap pornography, and wholly AI-generated intimate images or audio of a real, identifiable person |
| Distributing intimate image without consent (s91R) | s91Q | 3 years imprisonment | Sharing, posting, sending, or threatening to distribute intimate images (real or AI-generated) without consent |
| Threatening to record, alter, create or distribute intimate image or audio | s91R | 3 years imprisonment | Threats to record, create, alter, or distribute an intimate image or audio without consent, placing the person depicted in immediate danger of harm |
Real-World Scenarios
Scenario 1: Images Shared After a Breakup
A woman ends a relationship. Her ex-partner sends intimate photos of her to her colleagues and posts them to social media. She consented to the photos being taken at the time, but never to them being shared.
A person who commits an offence under section 91R by choosing to intentionally distribute an image of another person without consent faces serious criminal consequences. She reports to the eSafety Commissioner, who issues removal notices to the platforms within 48 hours. She also reports to police and commences civil proceedings for compensation.
Scenario 2: AI-Generated Deepfake
A man discovers that someone has used an AI tool to superimpose his face onto sexually explicit images, which are being circulated on a messaging platform. He never posed for any such images. The creation of the image is an offence under section 91Q and its distribution under section 91R. He reports to the eSafety Commissioner and provides police with screenshots, URLs, and details of the platform used.
Scenario 3: Threats Without Distribution
A former partner sends threatening messages saying he will post intimate images unless she pays him money. Even without any images being shared yet, threatening to distribute an intimate image constitutes an offence under section 91R and places the victim in immediate danger of harm. She contacts a law enforcement officer and a lawyer, applies for an Apprehended Violence Order, and preserves all the threatening messages as evidence.
Immediate Action: eSafety Commissioner Removal
Your first priority is getting the content removed as quickly as possible. Australia’s eSafety Commissioner provides a free, confidential removal service for image-based abuse. The Commissioner’s powers derive from the Enhancing Online Safety Act, which provides legal authority to direct social media services and other platforms to remove intimate images shared without consent.
How it works:
- Submit a report at esafety.gov.au
- eSafety assesses the report within 48 hours
- Platforms receive a removal notice and must take reasonable actions to remove the material within 24 hours (or another period specified by eSafety)
- In practice, most content is removed within 1 to 2 days of reporting
What you need to provide:
- URL or link to where the relevant image or content appears
- Screenshots showing the content, username, and date/time
- Details of who posted it, if known
This service covers social media platforms (Facebook, Instagram, X/Twitter, TikTok, Snapchat), pornography websites, messaging platforms, search engine results, and websites hosted in Australia or overseas.
You do not need a lawyer to use the eSafety Commissioner’s service. It is completely free.
Reporting to Police
In addition to removing the content, you can report the accused person’s conduct to NSW Police for criminal prosecution. Image-based abuse is taken very seriously by law enforcement officers.
You can report at any NSW Police station, online via the NSW Police Force website, or by calling Crime Stoppers on 1800 333 000.
Preserving Image Abuse Evidence
Before reporting image abuse, collect evidence by preserving the following:
- Screenshots showing the relevant image content, URL, username, and date/time stamp
- Direct links to where content appears
- Any threatening messages, demands, or admissions from the perpetrator
- If you know which AI tool was used, note this, some applications leave metadata or digital watermarks
- Original unaltered photos that may have been used to create manipulated versions
Do not delete this material, even if it is distressing. It is critical to any police investigation or prosecution.
What Happens After a Police Report About Image Abuse?
Police may interview you and take a formal statement, seize the accused person’s devices to search for images, obtain social media service account data and IP addresses, and consult digital forensics experts to analyse AI-generated content. If charged, the accused person faces prosecution in the Local Court or District Court. A person found guilty may face imprisonment, intensive correction orders, community service, and court-ordered counselling.
You can also apply for an Apprehended Violence Order (AVO) to prevent further contact or harassment.
Civil Claims for Compensation
Beyond criminal prosecution, you can pursue a civil claim against the person who committed the abuse for financial compensation. Civil proceedings operate independently of any criminal charges, and you can pursue both at the same time.
Types of Civil Claims for Image Abuse
Defamation may apply where images are shared with comments attacking your character, where AI-generated fakes portray the person depicted in a false light, or where your professional or personal reputation suffers identifiable harm. O’Brien’s defamation lawyers can advise whether you have a concurrent defamation claim alongside your image-based abuse matter.
Invasion of privacy: Australian courts have shown increasing willingness to provide remedies where private information, including intimate images, is disclosed without consent, often using breach of confidence or related causes of action.
Intentional infliction of emotional harm applies where the perpetrator deliberately set out to cause you distress, which is common in image-based abuse involving threats or coordinated distribution.
Breach of confidence may apply where images were taken within a relationship with a clear expectation of privacy and were then shared without consent.
What You Can Claim
Civil compensation can include general damages for distress, humiliation, anxiety, depression, and loss of dignity.
Additionally, aggravated damages where the perpetrator’s conduct was particularly malicious may include: economic loss including lost employment, lost business opportunities, and costs of relocating or changing your name; medical and counselling expenses; and in some cases, exemplary (punitive) damages.
Courts can also grant injunctions requiring the perpetrator to delete all copies of intimate images, stop further distribution, cease contacting you, and disclose the identity of anyone they shared the images with. Breaching an injunction is contempt of court and can result in imprisonment.
Frequently Asked Questions
Can I be prosecuted if I shared intimate images of myself?
No. The offences require distribution without consent. If you share your own intimate images, you have consented. Be aware, however, that once shared you cannot control whether others intentionally distribute them further without your consent.
What if the images were shared in a private message, not publicly?
The offence applies regardless of whether the distribution is public or private. A person knowing the images were taken without consent who sends them to even a single person via a carriage service commits an offence under section 91R.
How can I prove AI-generated images are fake?
Digital forensics experts can analyse images for signs of AI generation, including inconsistent lighting, unnatural skin textures, distorted backgrounds, and metadata indicating AI software. Importantly, for criminal prosecution, you do not need to prove the images are fake, distributing AI-generated sexually explicit images is itself an offence, regardless of whether the images are proven artificial.
What if I don’t know who posted the images?
You can still report to the eSafety Commissioner for removal without knowing the poster’s identity. For criminal or civil action, law enforcement officers and lawyers can issue subpoenas to social media services and internet service providers to identify anonymous users through IP addresses and account data.
Will I have to testify in court?
In most criminal cases, yes. NSW courts provide protective measures for victims of image-based abuse, including giving evidence via video link, closed court proceedings, and restrictions on cross-examination. Your lawyer can apply for these protections on your behalf.
Can I pursue compensation even if police don’t charge the perpetrator?
Yes. Civil claims have a lower standard of proof than criminal proceedings and proceed independently. Even where police choose not to charge, or charges are not proven, civil proceedings can still result in substantial compensation for the person depicted in the images.
Practical Steps Summary
Immediately:
- Screenshot all evidence, content, URL, username, date/time stamp, before reporting
- Do not delete any messages or evidence, including threatening communications
- Report to the eSafety Commissioner at esafety.gov.au
Within the first few days:
- Report to NSW Police, bring your screenshots and evidence
- Contact a lawyer to assess criminal and civil options
- Consider applying for an AVO if you are at risk of further contact or harassment
Ongoing:
- Keep records of any new instances of distribution
- Follow up with police on the status of your complaint
- Seek counselling or support, image-based abuse causes serious psychological harm and support is available
Why Choose O’Brien Criminal and Civil Solicitors?
Image-based abuse cases, particularly those involving AI-generated content, require lawyers who understand both the technology and the very real trauma involved.
At O’Brien Criminal and Civil Solicitors, we represent victims of image-based abuse in eSafety Commissioner proceedings, police complaints and criminal matters, civil compensation claims, and injunction applications.
We understand the urgency of removing content quickly, the importance of preserving digital evidence, and the complexities of pursuing AI-related abuse cases through the courts. We provide expert, compassionate legal assistance throughout the entire process.
Call O’Brien Criminal and Civil Solicitors on 02 9261 4281 for a confidential consultation.
This fact sheet is intended as general legal information only and does not constitute legal advice. If you are experiencing image-based abuse, contact O’Brien Criminal and Civil Solicitors for advice specific to your situation.
