Did you watch the excellent television series ‘The Hunting’ on SBS? This recent Australian drama highlighted a very real and relevant issue that teenagers and parents face in our modern, technologically driven society – ‘eSafety’. In our latest article in The District Reporter we discuss the legal consequences for any person who creates or shares ‘intimate images’ of another person without their consent, and also offer help to parents and teachers to keep young people safe.
The series explored the drastic consequences to the lives of four teenagers when some students shared nude/explicit photos with their peers which ended up on a public website. It is important that everyone understands that once their image is shared with another person, they lose control of the image and where it may end up in future. Personal consequences for the victim include humiliation, bullying, harassment and harm to their mental health.
What is less well known is that the legal consequences for any person who creates or shares ‘intimate images’ of another person without their consent can be severe. Throughout Australia (with the exception of Tasmania) this is an offence under the Criminal Code. In a media release on 16 August 2018 the Commonwealth Attorney-General said: “Perpetrators could face penalties of imprisonment for up to five years where the material transmitted is private sexual material, where a person has consented to the material and have already had three civil penalty orders made against them.” Significantly the prosecution does not need to prove that the perpetrator intended to cause harm and/or serious mental distress to the victim, or to provide evidence of the serious harm caused to victims in order to secure a conviction.
A child cannot give consent so any sharing of their intimate images is always against the law.
Australia has led the way through the creation of a federal civil penalty scheme that provides an alternate avenue to the criminal justice system or civil litigation. When ‘intimate images’ of anyone are shared (or threatened to be shared) without consent on a designated internet service, social media service or electronic service, legislation called the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 2018 applies. The definition of ‘intimate images’ is broader than you might expect, and can include images depicting a person’s genitals, breasts (excluding males) and anal areas – even if covered by underwear. Intimate images also includes those depicting a private activity such as a person in a state of undress, using the toilet or bathing. Even if the intimate images are fake or have been ‘doctored’ so as to appear to depict a person to be nude or engaged in a sexual act, the offence is still committed.
Anyone whose image was shared without consent can make a complaint to the Office of the eSafety Commissioner, and the Commissioner can take steps to have the image removed, direct a person not to share or threaten to share it without consent, accept an enforceable undertaking, or seek civil penalties in a court. If an individual fails to comply, a fine of up to $105,000; if a corporation, up to $525,000 may be imposed.
Remember, knowledge is power. The eSafety Commissioner has created great resources to help parents and teachers keep young people safe. These can be viewed online at:
👉 https://www.esafety.gov.au
Contact us if you need help with any of these issues.
