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The advent of social media and the internet, in general, brought along greater freedom, connectivity, and better access to all kinds of information. But there are always two sides to a coin. This new age also paved the way for newer forms of abuse and harassment. Today, we will talk about one such form of online harassment – Revenge Porn. Having your explicit images being circulated on the web is nothing less than traumatic. While we wish it doesn’t happen to anyone if you have become a victim of such unlawful activity, it is important you are aware of the governing laws and take the required action. To help you out, we have brought to you everything there is to know about Revenge Porn Laws in Australia. Read through and stay informed.
What is ‘Revenge Porn’?
Revenge Porn is the distribution, sharing, or circulation of an intimate image, video, or other media content of a person without their consent. Such content can be circulated with the intent to embarrass, harass, or harm the victim and also work as a means of extortion. All non-consensual sharing of intimate content, regardless of intent, comes under the category of “Revenge Porn.” This invasive practice can have devastating effects on the victims, and therefore, the Australian government has introduced the Revenge Porn Laws to bring justice to the victims.
Elements of the Offence
The Prosecution must prove beyond a reasonable doubt:
The Accused has intentionally recorded an intimate image of another person and has done so:
- Without the consent of the person.
- Knowing the person did not consent to the recording or.
- Being reckless as to whether the person consented to the recording.
The Legal Landscape: Concerning Laws
With the increase in such crimes, the Australian government found it necessary to take action and implement certain laws which criminalised the distribution of intimate videos or images without concerns. You must be aware of these laws and use them to defend your rights.
Commonwealth Law
Under the Criminal Code Act 1995 (Cth), it is a punishable offence to use a communication service (internet, email, telephone) to harass or exploit an individual. This includes circulating intimate images without consent. As per the law, offenders can be subjected to 5 years (max.) in prison.
State and Territory Laws
Different states and territories have different legislations and laws governing such offences. Here’s a glimpse into Revenge Porn Laws in Australia.
| Law | Penality | |
|---|---|---|
| New South Wales | Crimes Act 1900 | Up to 3 years imprisonment and fines up to $11,000. |
| Victoria | Summary Offences Act 1966 | Up to 2 years imprisonment for a first offence and up to 3 years for subsequent offences. |
| Queensland | Criminal Code Act 1899 | Up to 3 years imprisonment |
| Western Australia | Criminal Code Act Compilation Act 1913 |
Up to 3 years imprisonment and fines up to $18,000 |
| South Australia | Summary Offences Act 1953 | Imprisonment of up to 2 years |
| Tasmania | Criminal Code Act 1924 | Up to 2 years imprisonment |
| Australian Capital Territory | Crimes Act 1900 | Up to 3 years imprisonment |
| Northern Territory | Criminal Code Act 1983 | Up to 3 years imprisonment |
While there are laws which govern the circulation of Revenge Porn in every state and territory, they can come to your aid with the right evidence and representation. So, you must preserve all the available proof and seek appropriate legal advice. If you are a victim and don’t know how to proceed, connect with us, and our team will be sure to guide you through the process.
How to Proceed As a Victim?
Your knowledge of the law about pornography is incomplete if you don’t know how to proceed as a victim. It is vital that you take immediate legal action and proceed as per the law without any delays. So, if you find yourself a victim of Revenge Porn, here are a few immediate steps you should take:
- Make sure to document the evidence. Keep screenshots or recordings of the circulated images or videos, as they will be the key aspect of the legal process.
- If the site where your images are being circulated has a “report” section that allows you to report non-consensual image sharing, utilise it.
- Report the incident to the police and submit all the evidence you have.
- Consult a criminal defence lawyer and have them brief you on the concerning laws and all possible legal routes you currently have.
How Can We Help?
At Oxford Lawyers, our team is well aware of Revenge Porn Laws in Australia or general laws about pornography, so we can guide and assist you and ensure you take the right legal recourse. We will be sure to follow an expert and empathetic approach, which respects your emotions and ensures the violator gets the maximum punishment under the law. So, if you or someone you know is going through such an ordeal, get in touch with us and expect complete legal support.
