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The Australian Government has released a discussion paper for consultation on the prohibition of the non-consensual sharing of intimate images.
The term ‘non-consensual sharing of intimate images’ refers to the sharing or distribution of an image or video of a person or persons portrayed in a sexual or otherwise intimate manner, which has been shared without consent. This behaviour is colloquially referred to as ‘revenge porn’.
While the Criminal Code Act 1995 (Cth) provides for offences relating to the misuse of telecommunications services to menace, harass or cause offence, there are no specific offences addressing the non‑consensual sharing of intimate images.
This public consultation will provide advice to the Government on the possibility of establishing a new prohibition at the Commonwealth level for this behaviour, and the implementation of a civil penalties regime designed to deter and penalise persons and content hosts who share intimate images of a person without their consent. This would complement existing and emerging criminal law.
Submissions can be lodged until 5:00PM 30 June 2017.