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NSW government cracks down on 'revenge porn'

user iconEmma Musgrave 08 September 2016 NewLaw
new south wales

NSW Attorney-General Gabrielle Upton has announced that the state government will seek to criminalise the distribution of intimate or sexually explicit images without consent.

This announcement comes after recent media reports of a heightened number of explicit images being published on social media websites and other internet platforms without the subject’s consent or request.

Ms Upton said distributing intimate images without consent often involves ex-partners seeking revenge, and is particularly troubling in domestic violence situations where a victim may be forced to participate in the production of explicit images.

“These images can have a devastating emotional and social effect on the person pictured and can be used as a way to deliberately humiliate, control or harass the intended victim,” Ms Upton said.

“No one has the right to share explicit photos without consent, and new laws will protect people and make it clear this kind of behaviour is totally unacceptable.

“The use of mobile phones as recording devices has made it easier for people to share intimate images without consent on social media or websites, causing great distress for victims, and we need strong laws to protect them.”

Ms Upton said the decision to crack down on “revenge porn” reflects the NSW government’s recognition of concerns about privacy recently expressed by the Legislative Council Committee.

So far, only Victoria and South Australia have made distributing intimate and sexually explicit images without consent a criminal offence.

In Victoria the offence carries a penalty of up to two years in prison, while in SA the maximum penalty is $10,000 or two years in jail.

The NSW government will soon begin consultations on a range of issues, including the definition of “intimate” images, how they are shared or distributed and what penalties should apply, including how the offence should apply to children and young people.

 

 

 

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