What Are The Revenge Porn Laws in NSW?
Revenge porn is a relatively new criminal term in our technologically advanced world. However, it is also a serious crime that carries hefty penalties.
Now that almost everyone in Australia has a smartphone, revenge porn cases are on the rise. Having constant access to recording devices that can easily distribute content, makes it easy for offenders.
Additionally, the Crimes Act 1900 criminalises the recording and distributing of intimate images without the subject’s consent. The legal term for revenge porn is intimate image abuse.
What is revenge porn?
In NSW, revenge porn is the act of distributing intimate images/videos of another person without their consent.
In many cases, someone shares intimate pictures of their ex-partner. However, many situations involve revenge porn.
What is intimate image abuse in NSW law?
In NSW, an intimate image refers to any image of:
- A person’s private parts,
- Someone engaged in a private act where there is a reasonable expectation of privacy,
- Or any image altered (photoshopped) to make it appear that someone is showing their private parts.
What is private parts in NSW revenge porn cases?
Private parts includes someone’s genital and anal area. However, these areas can be either covered by underwear, or completely nude. Furthermore, the breast of a female, transgender or intersex person who identifies as female, also counts as private parts.
What is a private act?
Private acts include someone who is:
- in a state of undress,
- showering/bathing,
- using the toilet,
- or engaging in a sexual act.
Guilty of revenge porn NSW
If found guilty of intimate image abuse, you face up to three years imprisonment and/or hefty fines. Furthermore, a judge might demand that an offender recover, delete, or destroy the revenge port images. If the guilty party fails to do so, they could face a further two-year jail sentence and a $5500 fine.
However, there are also protections for under 16s to ensure courts do not wrongfully criminalise young people.
Threatening someone with revenge porn
To further protect victims of potential revenge porn, it is also illegal to threaten to record and share intimate images. This law aims to protect victims who are in abusive relationships.
The effects of revenge porn are serious. A victim of intimate image abuse can feel embarrassment and humiliation. Additionally, having intimate images of someone online can affect their career and potential relationships. Therefore, the law takes these crimes seriously.
Personal violence offences
The Crimes Amendment (Intimate Images) Bill 2017 outlines three “personal violence” offences. These include the prohibition of the recording and distribution of intimate images without consent.
What is consent in regards to revenge porn?
In NSW, if you record or distribute intimate images of someone, you must have consent. Furthermore, consent must be freely and voluntarily given every time. Similarly, just because someone consents one time does not mean they do every time. Additionally, if someone distributes their own image, it does not mean they consent to another sharing it. This is because everyone has the right to make their own decisions for their privacy.
Who cannot consent to the sharing of intimate images?
There are a number of situations where someone cannot consent to the recording or distributing their own images.
- For example, someone under 16 cannot consent. Any sexually explicit images or videos of someone under 16 is child pornography which is a serious crime. The Crimes Act 1900 (NSW) states that using a child to produce child pornography is prohibited. This crime can result in the imprisonment of up to 14 years per offence.
- Also, someone who suffers with a cognitive incapacity cannot consent.
- If someone threatens another in order to extract consent, then it is not freely given and does not count.
If you do not receive consent, or are reckless as to obtaining consent, for recording or distributing intimate images, a court can find you guilty of revenge porn.
What are the defences for revenge porn?
Notwithstanding, there are some defences for revenge porn. For example, in the following situations:
- A law enforcement officer did so for a genuine legal reason i.e for court proceedings,
- A medical profession did so for a medical reason,
- Scientists require the images for a genuine scientific reason,
- A reasonable person believed it was acceptable conduct.
In the proceedings, a court will consider the image’s content and nature. Furthermore, the victim’s age, intellectual capacity, and vulnerability will also play a factor. Ultimately, how much the victim’s privacy was infringed upon will also be a determining factor.
If you have a matter relating to distributing intimate images (revenge porn) our lawyers can help you. Contact us now and speak to a specialist in this area. Call our lawyers on (02) 9261 4281 or email .
