Following the increased frequency and severity of revenge porn attacks in Australia, intensifying community rhetoric concerning the inadequate state of criminal legislation to deal specifically with the revenge porn problem, as well as other troubling incidents involving the use of technology to breach the privacy of individuals, (for example, the Sydney nurse who took explicit photos of a patient under anaesthetic), new legislation that would make it a Federal crime to distribute sexually explicit images of a person online without their consent has been introduced into Parliament.
What Are The Proposed Changes?
The Bill to amend the Criminal Code Act 1995 (Cth) would introduce three new telecommunications offences.
While there are existing provisions in the Commonwealth Telecommunications Act that go some way towards addressing this issue, current legislation has not kept pace with technological developments, and does not adequately protect individuals against the escalating problem concerning breaches of privacy that are carried out using technology.
The proposed Bill contains important new offences that will prescribe appropriate penalties for persons involved in image-based sexual exploitation, known as revenge porn. The offences reflect the community’s increased use of telecommunications to engage in harmful and abusive behaviour of a sexual nature and the harm that can be caused.
The proposed offences prohibiting revenge porn focus on the use offenders make of technological tools to engage in sexual exploitation. The offences are designed to respond to the harm that is caused to a person that has their private sexual material shared without their consent.
The proposed new laws will make it an offence for a person to transmit, make available, publish, distribute, advertise or promote private sexual material.
It will also be an offence for a person to:
- threaten to transmit, make available, publish, distribute, advertise or promote private sexual material;
- possess, control, produce, supply or obtain private sexual material, for a commercial purpose or for the purpose of obtaining a benefit. This would encompass popular revenge porn websites.
The proposed offences are particularly aimed at the use of the Internet, email, SMS and other online applications or technological tools to engage in revenge porn.
What Constitutes Private Sexual Material?
The proposed definition of private sexual material has been drafted broadly not only to encompass the range of possible exploitative scenarios that legislators can currently predict but also, importantly, to cover future scenarios they cannot currently foreshadow.
The definition includes sexually explicit or nude images of women, men, transgender or intersex persons, as well as sexual poses or sexual activity.
The proposed new laws also encompasses different cultural contexts, such as an image of a Muslim woman without her religious headscarf on.
If You Have Been The Victim Of A Revenge Porn Attack, What Do These Changes Mean For You?
If the Bill is passed by both houses of Parliament and made into Australian legislation, it will be a Federal crime to use technology to distribute sexually explicit images of an individual without their consent.
This is good news for victims, and much needed protection, against future revenge porn attacks.
It means that regardless of which State or Territory a revenge porn offence is carried out in, it will be possible for you to report the crime to police and for offenders to be prosecuted under Federal legislation.
The maximum penalty for the proposed offence is 3 years’ imprisonment, reflecting the seriousness of this type of conduct. The penalty for commercial use of sexually explicit materials is 5 years’ imprisonment, due to the aggravated circumstances surrounding this offence.
Conclusion
If you or someone you know has been the victim of revenge porn contact:
- Australian Cybercrime Online Reporting Network (ACORN)
- Local police assistance line: 131444
- National Counselling Helpline: 1800 737 732 (for assistance and practical strategies on how to cope with the ongoing effects of revenge porn)
For practical strategies on how to deal with the immediate aftermath of a revenge porn, read our previous article here.
To read more about the Criminal Code Amendment (Private Sexual Material) Bill 2015 you can read the Explanatory Memorandum. You can also track the progress of the Bill through Parliament by clicking here.
