There are multiple factors that impact the success or failure of a startup.

In Australia, entrepreneurs are being put out of business by more than just underdeveloped planning and poor sales. The grim reality is that over 95% of new startups are destined to fail. Many of these are sunk by preventable legal pitfalls that new business owners did not foresee or did nothing to protect themselves against. When you have solid foundations in place to protect yourself and your business against unnecessary risk, you can devote your energy full time towards making your startup dream a success.

Below are some strategies to deal with avoidable legal issues in business early and effectively.

Have A Clear Ownership Structure

The common legal structures for businesses include sole trader, company, partnership and trust.

Choosing the right legal structure for your business from the outset is important as some structures provide protection against personal liability for debts and legal disputes. It also impacts your tax obligations and expenses and makes it easier to sell your business in the future, if you wish.

A Shareholders’ Agreement

Even if your partners are your parents or your best mates, a shareholders’ agreement is an important and necessary document that clearly sets out the rights and responsibilities of each shareholder in your company.

Without such an agreement in place, in the case of a legal dispute, it will be up to a court to decide the outcome.

There is no ‘one size fits all’ shareholders’ agreement. Each agreement must be drafted according to your unique set of circumstances and the outcome the shareholders wish to achieve in relation to shareholder funding or contributions, director appointments, how the company should be managed, dividends and financing, transfers of shares or an exit strategy.

Depending on how much of the company certain shareholders own, for example, the agreement may also stipulate that minority shareholders cannot be forced out of decision-making by majority shareholders.

You can start by downloading a basic shareholders’ agreement template and supplement basic clauses according to your needs by speaking with a legal professional.

A Commercial Lease You Understand

Commercial leases can be complex documents which spell out the rights and responsibilities of both landlord and tenant.

If you don’t understand the lease document, you could end up being liable for costs you didn’t anticipate such as utilities, repairs, taxes and the cost of documentation regarding the lease.

You may also have difficulty renewing the lease. Fighting a lease dispute can be expensive and losing such a dispute could mean that your company loses its space.

Make sure you fully understand the legal implications of your commercial lease agreement before signing.

Have Proper Warehouse Safety Equipment

If your business has warehouse space for storage, it is critical to have proper equipment and procedures in place that comply with Work Health and Safety legislation to protect your staff from preventable injuries.

Loads falling onto forklift operators and other workers account for a high percentage of Australian workplace injuries and fatalities. Forklift safety cages and large goods cages, for example, protect operators and everyone else working in the immediate area from physical injuries and protect your startup from potential workers compensation claims.

Mandatory Sexual Harassment & Bullying Education

No doubt you agree that this behaviour has no place in your workplace, but do your employees understand exactly what is defined as sexual harassment or bullying?

As a business owner, if you don’t dedicate the time and resources to train your employees in appropriate workplace conduct, you could leave yourself open to large fines for breaching workplace health and safety legislation. The resulting financial drain on your startup could quickly put you out of business.

Understand relevant legislation surrounding workplace health and safety, bullying and sexual harassment and have each employee complete the necessary compliance training.

Maintain Detailed Record Keeping

A commitment to detailed record keeping is necessary for many reasons including invoicing and accounts receivable, tax compliance and payroll.

If your company is not large enough to hire a full-time accountant or business manager, record keeping is a task that you can adequately perform yourself by using accounting and online bookkeeping software like Xero. If you don’t have time to maintain your own records, it is worthwhile contacting an accounting firm in your area.

Yes, outsourcing this work is an ongoing overhead expense, however, failure to keep accurate records can lead to serious problems for your business, the consequences of which can doom your startup before it starts.

Compliance With The Privacy Act

Depending on the nature of your business, you may be collecting data about current customers and potential customers.

As a business owner, it is critical that you comply with your obligations under the Australian Privacy Principles to avoid breaching the Privacy Act in the way that you collect, store, use and disclose private information about your customers.

Mishandling or misusing private information can lead to serious fines and penalties.

Conclusion

These are some of the main legal risks faced by Australian startup owners.

Understanding your rights and obligations, and building your business on a rock-solid platform, places you in a strong position to avoid any unforeseen obstacles that may impede your startup success.

What unanticipated difficulties have you encountered on your startup journey? Let us know in the comments below!

As the 45^th Federal Parliament gets underway, the legalisation of same-sex marriage is one of the issues dominating headlines.

It is hard to know how the matter will play out, but there is one option that was first raised by the Abbott government – and that is to hold a plebiscite. This option is being pushed by the Turnbull government, and it has attracted a lot of criticism.

If you have not been paying close attention to this debate you might be a bit confused about what a plebiscite is. That would not be at all surprising, as plebiscites are so rarely used to resolve important issues in Australia.

What is a plebiscite?

A plebiscite is a popular vote on a national question concerning any matter that does not affect the Constitution.

The result of a plebiscite is not legally binding, and so the government does not have to take any particular action once the Australian public has its say.

How does a plebiscite work?

Unlike a referendum, in which constitutional questions are decided by the electorate, the format and

procedures for a plebiscite are not defined in legislation. As a result, there are not any specific rules about how a plebiscite should be conducted.

The usual way to set up a plebiscite would be for parliament to pass an enabling bill setting out the vote’s purpose.

This bill might clarify:

• The criterion for approval, for example a simple majority or some other standard
• Whether the vote is compulsory
• Whether the question will be a simple ‘Yes’ or ‘No’ or something more complicated
• Whether campaigns for ‘Yes’ or ‘No’ will be provided with government funding
• Any actions expected of the government as a result of holding the plebiscite.

Why hold a plebiscite on same-sex marriage?

There are different ways of framing the answer to this question.

Proponents of the plebiscite generally emphasise the democratic merits of allowing the Australian public to decide the issue. Some critics of the plebiscite see it as a means of derailing or at least delaying the push for same-sex marriage.

Is it necessary that the decision to legalise same-sex marriage be left to a nationwide vote?

There is certainly no legal necessity for a nationwide vote.

Given that the Federal Parliament already has the constitutional power to enact marriage equality, there is no need for a referendum. In the December 2013 case The Commonwealth of Australia v The Australian Capital Territory, the High Court held that the marriage power in section 51(xxi) of the Constitution encompasses same-sex unions.

Considering that the result of a plebiscite has no legal force there is no reason, legally speaking, to hold a plebiscite.

Is it appropriate that the decision to legalise same-sex marriage be left to a nationwide vote?

There are no obvious advantages to holding a plebiscite on this issue, beyond vague arguments for the value of direct democracy when dealing with divisive issues of policy.

On the other hand, a number of reasons have been put forward as to why a national vote on the issue of same-sex marriage would be inappropriate.

Risk of harm to mental health

Concerns have been raised about the impact a national vote may have on the mental health of members of the LGBTQI community. For example, the Australian Psychological Society has emphasised the “significant risks to the psychological health and wellbeing of those most affected” that a public vote would present.

Cost

In 2015 the Australian Electoral Commission submitted to a Senate Committee inquiry that a plebiscite would cost an estimated $158.4 million, not including any Commonwealth funding for Yes and No campaigns.

The Australian Electoral Commissioner has stated that “[t]he costs of a stand-alone event are very comparable to a normal federal election.”

Lack of objective

There is no clear reason to hold a plebiscite.

Given the lack of legal effect of any result, a plebiscite would effectively be “no more than a formalised national opinion poll.”

An opinion poll is not required, as polling has already shown that a majority of Australians favour the introduction of same-sex marriage. Neither a ‘Yes’ or ‘No’ result would necessarily settle the question. A ‘Yes’ vote would not have to be acted upon by parliament. A ‘No’ vote would, given the trends in other Western liberal democracies, likely just delay the inevitable.

Human rights and democracy

Many of those who consider the issue from a human rights perspective argue that it is inappropriate to put such a question of equality before the law up for popular vote:

• Liberty Victoria has argued that putting a matter that is amenable to ordinary legislation to a popular vote, especially involving legislation concerning a group long subject to a history of discrimination, “is to misunderstand the nature of representative democracy” to an extent that amounts to a parliamentary dereliction of duty.

• The Australian Human Rights Commission has argued that: “it is not appropriate that the Australian population is given a vote on the legal standing of the relationships of same-sex attracted Australians any more than it would be for the Australian population to vote on the legal standing of opposite-sex attracted Australians.”

• The Centre for Comparative Constitution Studies has described plebiscites as “manifestly inappropriate in circumstances where minority rights, including the right to equality, are at issue”.

Inconsistency

Australia has only had three plebiscites in its history: two votes on conscription during World War One, and a vote on the National Anthem in 1977.

Popular votes are very rarely used to gauge public opinion on matters of ordinary legislation.

This is not surprising, given that Australia is a representative democracy and we have a Parliament with the authority to pass legislation on behalf of the population. As a result, it would be extremely unusual for this question to be put to a popular vote.

As has been pointed out many times, the 2004 amendment to the definition of ‘marriage,’ which specifically excluded same-sex marriage, was not passed by Parliament after a plebiscite.

Parliament makes a huge number of important decisions without first consulting the public. So why hold a plebiscite on this issue?

In addition to being inconsistent, it may also set an inappropriate precedent.

Parliament has the power to legislate on the issue so why aren’t they?

In 2004, subsection 5(1) of the Marriage Act 1961 was amended to specify that marriage is “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.”

Since then, 18 bills that deal with marriage equality or the recognition of overseas same-sex marriages have been introduced into Parliament. None have progressed past the second reading stage.

The increasing momentum for the recognition of same-sex marriage is a problem for the Coalition, as it is divided on the issue. As Katharine Murphy says, Malcolm Turnbull has many political reasons to turn to a plebiscite rather than a free vote on the question in Parliament.

As it stands, getting an enabling bill through parliament is looking less and less likely. The Greens and the Nick Xenophon Team have both announced they will not support a plebiscite, and it is likely that Labor will follow suit.

Conclusion

There is no legal necessity for a plebiscite on same-sex marriage.

Arguments for a plebiscite on the basis of direct democracy are flimsy and heavily outweighed by the disadvantages of holding a plebiscite on this specific issue. The only remaining reasons for holding a plebiscite on same-sex marriage are, therefore, political.

The government has been making it clear that without a plebiscite the prospects for the legalisation of same-sex marriage during the reign of the 45^th Parliament are zero. However, it is increasingly looking like the government could fail to gain the support it needs in Parliament to make the plebiscite happen.

Frustratingly, we may be heading back into deadlock.

What do you think? Should marriage equality be put to a nationwide vote? Or could a plebiscite on same-sex marriage set a dangerous precedent that Parliamentarians can avoid any controversial or difficult issues by sending them to a public vote? Join the discussion in the comments below!

When you start your own business, reading a lot of information about the necessary legal documents is par for the course.

But after a while, everything you read can seem to be involved in a conspiracy of conflicting advice and excess browser tabs. Leaving you with no clear answers and a serious case of decision-making fatigue.

We heard your pain. We took it hostage. And converted it into a little video on the main legal documents you need to get your startup venture off the ground.

Key Legal Documents:

Although dealing with the legal side of your startup can seem like a daunting task, it doesn’t have to be.

Tackle your legal documents early and they will continue to protect you and your business as it inevitably changes and grows.

Watch us put the squeeze on QuickLaw! Subscribe to BucketOrange Magazine’s Youtube Channel.

Further Information

To contact a legal professional who specialises in small business and startups visit:

• LegalVision; or
• Ph: 1300 544 755

Millennials are surrounded by symphonies.

Whether the mechanical purr of your local cafe’s coffee grinder, the whir of an overworked hard drive, the hum of heavy traffic or the familiar bassline from your favourite song, for most of us, existing in a world of predictable sounds and patterns has become second nature.

But other rhythms are undetectable. These are the ones that inhabit the fringes of conscious perception. With sources that range from smartphones and tablets to laptops, WiFi HotSpots, TV screens, radio, and even the human heart, electromagnetic waves are as unremitting as they are essential to modern life.

Which raises the question: What, if any, impact does exposure to electromagnetic emissions have on our health and what can we do about it?

According to sufferers of electromagnetic hypersensitivity (EHS), the detrimental physical impact of being allergic to Wi-Fi is severe enough to warrant measures such as living away from metropolitan areas and avoiding conventional office work.

Electromagnetic Hypersensitivity (EHS) – An Allergy To Technology

Michael McKean as Chuck Thurber – Better Call Saul _ Season 1, Gallery – Photo Credit: Ben Leuner/AMC

Electromagnetic hypersensitivity (EHS) is characterised by a group of symptoms believed by the sufferer to be caused by exposure to electromagnetic fields.

Fans of Better Call Saul, the spin-off series to Breaking Bad, will be familiar with EHS as lead character, Chuck McGill’s aversion to technology manifests in his wrapping himself in a foil blanket to combat the ill-effects of electromagnetic fields.

Electromagnetic Hypersensitivity – Fact or Fiction

Many healthcare professionals dispute the characterisation of EHS as a legitimate medical condition, claiming that it is purely a physiological manifestation of a psychological disorder. Basically, that a widespread belief that something may be harmful to your health will lead to the development of symptoms that substantiate those beliefs.

While the World Health Organisation recognises that symptoms of EHS are real and can have a significant disabling effect for the affected individual, scientific research to date has not provided evidence to support the connection between electromagnetic frequency exposure and the symptoms of EHS such as dizziness, nausea, heart palpitations, and redness, tingling, and burning sensations on the skin.

The majority of scientific studies published to date have found that under controlled laboratory conditions, EHS individuals cannot detect the presence of EMF sources any more accurately than non-EHS individuals. Several studies have indicated a nocebo effect i.e. an adverse effect due to the belief that something is harmful” Australian Radiation Protection and Nuclear Safety Agency.

In spite of a lack of scientific evidence, approximately 4% of people living in the UK report unpleasant symptoms as a result of exposure to electromagnetic fields from mobile phones, Wi-Fi HotSpots and other household appliances.

Mild cases have lead sufferers to avoid shopping malls, electrical stores, friends houses and even offices that are filled with computers and other electrical equipment. On the extreme end of the spectrum, some EHS individuals choose to become reclusive and live in isolated communities known as “EMF-free zones.”

Legal Situation Overseas

In the first case of its kind in France this month, a court in Marseilles has recognised a woman’s symptoms of EHS as a medical disability and awarded her £580 per month for three years. Her symptoms, described as an allergy to Wi-Fi or electromagnetic fields, have forced her to move to a rural area and have prevented her from normal work. France joins countries such as Sweden and Canada who recognise EHS as a physical impairment.

Earlier this year, the French National Assembly also made history by passing a new national law that regulates electromagnetic field exposure. The new legislation provides that:

1. Wi-Fi will be prohibited in nurseries and day care centres
2. Wi-Fi will be minimized in schools by switching Wi-Fi routers off when not in use for educational purposes
3. The board of the school should be informed when new tech equipment is being installed in schools
4. Cell tower emission compliance will be verified meaning that the limits of emissions of electronic communications or transmission to which the public is exposed will be defined
5. Citizens will have access to environmental/cell tower radiation measurements near homes
6.  A map of all antennas will be produced for each town, along with action to limit public exposure in areas where electromagnetic fields exceed the limited levels
7. Continued evaluation of health effects by the National Radiofrequency Agency to evaluate potential risks and set up scientific research
8. Specific absorption rate (SAR) radiation labelling is mandatory for mobile phone packaging
9. Information on ways to reduce exposure to electromagnetic fields is mandatory on mobile phone packaging
10. Wi-Fi Hotspots will be labeled clearly with a picture
11. Advertisements must recommend devices that reduce radiation exposure to the brain. For example, mobile phone adverts should recommend hands free kits and be included in the package
12. Companies failing to comply with this requirements will be fined 75,000 Euros
13. Equipment reducing cell phone radiation exposures to the head for children less than 14 years should be provided, if requested by the buyer
14. Within a year, information and awareness on the responsible and reasonable use of mobile phones and other equipment that emits electromagnetic frequencies will be established
    A report on electromagnetic hypersensitivity is to be submitted to Parliament within one year

Professor Ian Lowe explains why many countries are placing restrictions on Wi-Fi usage:

You can never get into trouble as a regulator for being too cautious. Most regulators would say that it is better to have a regulation that sets the bar lower than it needs to be than to find out later that it should have been set higher. If the community express concern, regulators tend to respond to that by tightening up.” Watch the full interview via ABC’s, The Drum

Legal Situation in Australia

In 2013, the Administrative Appeals Tribunal (AAT) ruled in favour of a worker whose symptoms of EHS had been worsened in the course of his work at the CSIRO and ordered Comcare to pay compensation.

The Tribunal found that the worker had suffered when an underlying sensitivity to electromagnetic frequencies was compounded by several failed trials of specially-designed office equipment such as a Blackberry, PDA device and computer encased in a faraday cage. The equipment had been intended to minimise the effects of electromagnetic waves and to allow the worker to perform his duties in an office environment.

How Could The AAT Recognise Harm To A Worker When EHS Is Unsubstantiated By Science?

In this case, the core issue of whether Comcare was liable to pay compensation centred around whether the worker had suffered an injury within the meaning of subsection 14(1) of the Safety, Rehabilitation and Compensation Act 1988.

In determining this, it was necessary to determine whether:

1. The worker suffered an ailment within the meaning of subsection 4(1) of the Act
2. If so, whether he suffered an aggravation of that ailment?
3. If so, whether the aggravation of the ailment contributed, to a significant degree, to the worker’s employment by CSIRO?

After hearing from expert witnesses ranging from medical practitioners to non-medical experts, the AAT was satisfied that the symptoms described by the worker were accurate. The worker genuinely believed that he suffered from EHS and this belief was confirmed by his doctor.

Although Comcare argued that electromagnetic hypersensitivity syndrome is not an ailment, since there is no diagnostic criteria for such a condition, the AAT rejected this argument on the basis that:

The definition of ailment does not require that it be a condition which fits within a particular diagnostic criteria,” AAT Deputy President, Mr JW. Constance.

The AAT was satisfied that the worker had suffered an ailment, even though it may not be one that has a recognised diagnostic label. The court also found that the worker was exposed to increased electromagnetic frequencies at work, causing the symptoms from which he suffered to become worse than they were before the work trials started. That is, the actions of the CSIRO caused the worker’s pre-existing condition to become aggravated.

The main issue here is whether harm was suffered by a worker in the course of his duties, rather than whether the EHS condition exists at all. The worker’s belief that he had EHS, and that the disorder was aggravated by his exposure to electromagnetic frequencies during trials undertaken by his employer, was sufficient evidence that harm had been caused to the worker in the course of his employment and that compensation should be awarded.

Conclusion

The intersection between the law, science and technology can yield some interesting and unexpected results.

With the law often playing catch-up to rapid developments in the fields of science and technology, in coming years it will be interesting to monitor developments in these powerhouse industries and the potential flow on effects for modern society.

What do you think about the interaction between law and science? Is the jury still out on EHS? You be the judge and let us know what you would have decided in the comments section below!

Further Information

The Australian Radiation Protection and Nuclear Safety Agency EMR Literacy Survey provides monthly updates on literature related to electromagnetic fields and health.

In New South Wales, most tenancy agreements are governed by the Residential Tenancies Act. This gives certain rights and responsibilities to both tenants and landlords. But let’s be honest- not all landlords do the right thing and it is important to be aware of your rights as a tenant.

If you are one of the 4.5 million people living in rental accommodation in Australia, here are some of the main warning signs that your landlord is not complying with his/her responsibilities.

Your landlord won’t give you a receipt

If you pay your rent in person or by cheque (does anyone actually use cheques anymore?) your landlord or agent must give you a receipt.

Be careful if your landlord asks you to pay your rent in cash. While this is not technically against the law, it definitely indicates an intention to avoid certain responsibilities.

Always make sure you keep detailed and up-to-date records showing:

• dates – when you paid your rent
• amounts – how much the rent payment was for
• recipients – who you paid rent to; and
• the period the rent payment is for.

While your landlord is required to keep the same records, should there ever be an unforeseen issue or question about whether you made your rent payments, you can easily prove the transaction took place.

Your landlord won’t do any repairs or maintenance

Your landlord is obligated to keep your rental property in a ‘reasonable state of repair’ given the age, rent paid, and potential life of the property. ‘Reasonable’ is one of those words lawyers like to use a lot: it basically means that a landlord does not have to fix everything that goes wrong with the property, so long as the property is in a liveable condition.

Urgent repairs are another story. These include structural issues such as burst water pipes, roof leaks and storm damage as well as broken toilets, hot water systems, gas or stove tops. Essentially anything that makes the rental property unliveable.

It is your responsibility to inform your landlord of the need for any urgent repairs as soon as possible, and your landlord must make arrangements for urgent repairs to be completed as soon as possible after you have notified him/her.

If you are not able to contact your landlord, check your tenancy agreement to see if a tradesperson has been nominated for such emergencies. If you pay for any urgent repairs (up to $1000) our of your own pocket, your landlord must reimburse you within 14 days.

Bear in mind that if you caused the problem, you may have to pay to have it fixed.

Your landlord turns up unannounced to inspect your house

Your landlord is entitled to complete 4 inspections of the property every 12 months, however, he/she is required to give you at least 7 days notice in writing before each inspection.

Generally the only time your landlord may enter the rental property without your consent is in an emergency situation. If you are not happy with your landlord turning up unannounced, simply tell him/her that you are entitled to 7 days notice in writing before any inspection.

Your landlord will not return your bond

Provided that you do not owe your landlord any money for rent or repairs at the end of your tenancy agreement, your landlord must give your bond back. It’s that simple. If your landlord thinks you do owe money, they have to make a claim against the bond.

A bond claim can be done with or without your consent. If you disagree, make sure you challenge the claim within 14 days. NSW Fair Trading is the organisation in New South Wales that deals with bond claims.

Your landlord keeps increasing your rent

Generally, your landlord must give you at least 60 days notice of any rent increase. If you are under a fixed term agreement, your landlord cannot increase your rent more than once in a 12 month period.

If you think your rent is excessive following a rent increase, you should speak to your landlord. If you are not satisfied with his/her response, you may apply to the NSW Civil and Administrative Tribunal to have your rent reviewed. You may also terminate your rental agreement on the grounds that the rent has been increased. To do so, you must provide 21 days notice to your landlord.

Your landlord will not let you move to out

If your rental agreement is not for a fixed term, you only need to provide 21 days notice before moving out. If you have signed a contract for a fixed term, however, you have contracted with the landlord for that entire period.

There are certain circumstances when you can end the rental agreement before that time. For example, where your landlord has breached your contract or the property becomes uninhabitable.

What you can do

If you think your landlord has breached your agreement, contact a legal professional or NSW Fair Trading for free advice.

If you are concerned about the way your landlord is treating you, lodge a complaint with:

• NSW Fair Trading

or, contact:

• Tenants NSW
• Tenants ACT
• Tenants Union VIC
• Tenants QLD
• Tenants Union TAS
• Tenants SA
• Tenancy WA
• Tenants Advice Service NT

Economy flights are a lot like a cheap bottle of wine.

When you first meet, they promise to be your best friend, who will take you on exciting and exotic adventures.

Until you spend a few hours together, and realise it was all a trick.

The unmistakable and heady cabin aroma floods your senses, mixing with faint undertones of excrement that steadily waft your way. You realise that you have unwittingly become part of something unfit for human consumption.

In the first of our Laws Of Travel Etiquette Series, we examine the social laws of aeroplane seat reclining, how to avoid antagonising other passengers, and whether you can be held criminally liable for in-flight offences.

Terrible Tales

Like the first drops of bad wine, long haul flights are an emotional and psychological ordeal.

From cramped seating and sleep deprivation, to cupboard-sized bathrooms and shrieking children, it is not hard to see how a small indiscretion can quickly spiral into full-tilt passenger-on-passenger madness.

In a recent budget airlines horror story one woman recounted an 8-hour assault on her senses by a fellow passenger’s bare feet she described as smelling like the ‘anus of satan.’

Other common mid-flight experiences involve couples found licking each other’s fingers, children becoming seat kickers, and bathrooms becoming fully fledged war zones.

In these conditions, a seat reclined an inch beyond acceptable standards can rapidly spark arguments and lead to violence. The proliferation of ‘air rage’ over reclining seats has seen many planes diverted and resulted in passengers being kicked off flights at unscheduled destinations.

In one recent incident, a man using a banned device called the ‘knee defender’, which attaches to a passenger’s tray table and disables the reclining mechanism of the seat in front, was verbally abused, had water thrown on him and caused the flight to be diverted. In another case, two people had to be subdued by air marshals over a seat reclining disagreement.

So when is it considered okay to recline your seat?

The Laws Of An Acceptable Seat Recline

Patrick Smith from Business Insider describes people who thrust their chairs back at full speed, leaving a split second to recover laptops, personal items or drinks, as ‘assault recliners.’

With ever-dwindling personal space and cramped airline conditions, there are few situations these days that warrant reclining your seat to maximum capacity. To survive a long haul flight and avoid antagonising those around you, it is essential to keep calm and accept the situation.

The more you drink in your surroundings, the more tolerable the experience will become.

When deciding whether to recline, always peek behind to check:

1. If the person behind you has reclined their chair. If they have, feel free to recline yours to a lesser or equivalent angle – never more
2. If the person is sleeping or has their tray table up. If so, recline only as far as you reasonably need to be comfortable
3. For long haul flights, people are generally more considerate of the need for extra space. If you do want to recline, try to wait at least 45 minutes after take off. On longer flights passengers tend to move around the plane, retrieve personal items from overhead lockers or under their seat. This extra grace period allows everyone to get settled and comfortable without causing any angst.

If you decide to recline, do so slowly!

Social Offences And Times When You Should Not Recline

There are many situations where breaching someone’s personal space with your seat is in poor taste. Avoid reclining your chair when the person behind you:

1. Has a baby on their lap
2. Is working on a laptop, especially if their tray table is open
3. Is eating or has drinks on their table
4. Is not immediately visible. For example, because they are retrieving a blanket from under their seat or are leaning forward to reach the in-flight magazines. The last thing you want to do is render someone unconscious with the dull thud of your seat back.
5. For short flights, avoid reclining at all (1-2 hours). Unless you have a medical condition, everyone can endure a couple of hours of discomfort.

‘Altitude Sickness:’ What Happens If You Behave Poorly On A Flight?

Just because you are flying over international waters does not mean that you are above the law.

Every airport is covered by a local policing agency. Losing your temper and abusing other passengers or flight attendants, getting drunk and interfering with flight crew, assaulting another passenger or flight attendant or generally behaving in a way that is disorderly or lewd is punishable by fines, arrest and imprisonment in the city where you land.

Alarmingly, the incidence of crimes of opportunity, such as sexual assaults on flights are increasing. In many cases, women are groped by a passenger next to them and are too shocked to report it. In a flight from Japan to Hawaii, a woman was attacked and trapped in the bathroom with the offender, before flight crew were forced to break the door off the hinge to free her.

In a recent Australian case, a man repeatedly punched a sleeping passenger in the face and was charged with assault on landing. In another recent incident, a man from Perth has been fined $10,000 and ordered to pay over $58,000 for aggressive and abusive behaviour causing a Virgin flight to turn back to its departure city.

Flights and air travel are generally governed by aviation legislation. In Australia, these subjects are covered by the Crimes (Aviation) Act 1991.

Cases of air rage and other offences carried out on a plane can attract criminal charges, for example:

• Acts Of Violence

Whether directed at another passenger or crew members, an Australian citizen can be charged with this offence even if it occurs when the flight is over another country.

• Endangering Safety

Many laws govern both passengers and crew who deliberately or recklessly endanger the safety of other passengers or the flight itself. For example, a passenger trying to open a door.

• Assaulting Crew

Assaulting a crew member on board an aircraft is an offence that is punishable by up to 10 years imprisonment.

• Carrying Dangerous Goods

If you carry or place dangerous goods on an aircraft, or have them with you (in your bag or your pocket, for example) while on a flight, you can be charged and face a maximum prison sentence of 10 years.

• Hijacking

Under Australian law this an offence when committed on a domestic flight or by an Australian citizen on a flight in another country.

Travel Safe

These days, safely and comfortably navigating air travel is a nuanced experience. Be conscious of your own behaviour, and the behaviour of those around you. If you decide to recline your seat, make sure you do it in a respectful way that treats other passengers the way you would like to be treated.

Remember that if a passenger near you is behaving in an agitated manner, or makes you feel uneasy, you are within your rights to request to move seats.

If you are assaulted in-flight, report the incident to flight crew immediately. They are trained to deal with assaults and will make arrangements for the offender to be dealt with.

To everyday Australians, the inner workings of Parliament House can seem complex and confusing.

When it comes to making Australian laws:

• what role do politicians play in the life cycle of a Bill?
• what rules govern whether a proposed Bill lives or dies?
• how are laws actually made?

In the first of our Laws Of The Political Jungle series, we provide a simple snapshot of Parliamentary processes and some of the main obstacles faced by a proposed new Bill, such as the Marriage Equality Bill, being made into Australian law.

Parliamentary Safari

To better illustrate the factors that influence the survival of a Bill on its journey through an, often perilous, Parliamentary landscape we take you on a guided tour through equally wild terrain.

In this setting you have two groups of predators:

1) Lions which live in the open savannah of the House of Representatives; and

2) Crocodiles which reside in the water hole of the Senate.

In the middle of these two groups of politicians is a young zebra which represents a proposed new Marriage Equality Bill. If the young zebra is introduced into the House of Representatives, the zebra must safely travel past the first group of lions, and survive the group of crocodiles on the other side, if it is to become part of Australian law.

If the zebra is introduced into the Senate, the process is vice versa. In any event it may have to become an amended zebra for it to safely pass to become part of Australian law.

Survival Of The Fittest – Challenges Faced By A New Bill 

In recent weeks there has been a lot of interest surrounding the Marriage Amendment (Marriage Equality) Bill 2015 (the Bill). On Monday this week (1 June 2015), the Marriage Equality Bill was introduced into the House of Representatives by Opposition Leader, the Hon. Bill Shorten MP, with the purpose of allowing same sex marriage in Australia.

To introduce the Marriage Equality Bill into a fertile grassland such as the House of Representatives, or alternatively the source of life-giving water in the Senate, is one thing – to have it navigate both Houses of the Parliament, be given the Royal Assent by the Governor-General and become part of Australian law is an entirely different matter.

Due to the current political climate, the House of Representatives has voted to postpone debate on the Marriage Equality Bill until later in the year. This means that it is unlikely that the Bill will be considered again until Parliament’s Spring Sitting (between August and December 2015).

Of considerable interest is whether the vote for each member of the House of Representatives (Member) and each Senator should be one of “conscience“. We will also explore the meaning of the phrase to “cross the floor”. To Members and Senators such a matter could be career defining for them to do so.

Top End Predators: Members Of The House Of Representatives & Senators

Before exploring the dynamics impacting a Bill’s survival, it is important to understand the law of the land as it relates to the placement of Members and Senators at the top of the food chain. This is called the Australian Constitution.

The Constitution is a bit like Mother Nature: it is not only a great source of power over the legal landscape but also has ramifications for politicians as a result of their behaviour, how they interact with one other as well as informing their subsistence strategy (continued election by the voting public). Without the Constitution, the House of Representatives and the Senate would not exist.

Given the importance of political parties in the history of Australian politics, it is somewhat surprising that there is no mention of them in the Australian Constitution, apart from what is to occur to fill the place of a Senator where a casual vacancy occurs by the Parliament of the State in which the vacancy occurred. The House of Representatives is composed of Members directly chosen by the people of the Commonwealth.

• Lions On The Grasslands – Members of the House of Representatives

The Commonwealth Electoral Act 1918 (Electoral Act) provides the mechanism for the creation and re-distribution of Electoral Divisions for the House of Representatives. One member of the House of Representatives is chosen for each Electoral Division. Currently there are 150 Electoral Divisions in Australia, meaning there are 150 Members of the House of Representatives. In the event of a vacancy a writ must be issued for the election of a new member.

Each pride of lions, for example, has a unique leader who is responsible for looking after the interests of the group and its territory.

The pride of lions is the equivalent of each political party in the House of Representatives. The unique leader of the largest pride, or coalition of the largest prides, is the Prime Minister and leader of the next largest pride is the Leader of the Opposition, as constituting the largest prides of lions in the savannah. There are other smaller prides, or individual lions, living in the savannah.

The government is formed by the largest party or coalition of parties with the majority of Members in the House of Representatives. That party or coalition of parties may be in the minority in the Senate.

A political party may have both lions and crocodiles as its members, and certainly will do so if they are the party or parties forming the government and the opposition in the savannah.

• Crocodiles In The Water Hole – Senators of the Senate

The Senate is composed of Senators for each State, directly chosen by the people of that State, voting as one electorate. If the place of a Senator becomes vacant before the expiration of the term of service, special provision is made for action by the Parliament of the relevant State for filling that vacancy by the member of the same political party.

The Electoral Act also makes provision for the election of Senators from the Australian Capital Territory and the Northern Territory, and for the filling of any vacancy by their respective legislative assemblies. There are currently 12 Senators from each State, and 2 Senators each from the Australian Capital Territory and the Northern Territory, with a total of 76 Senators.

If one crocodile unexpectedly leaves the water hole, for example, another crocodile will take its place in the bask.

Each bask of crocodiles, for example, has a unique leader who is responsible for looking after the interests of the group and its territory in the water hole. Each bask of crocodiles is the equivalent of each political party in the Senate. The unique leader is Leader of the Government in the Senate and the leader of the next bask is the Leader of the Opposition in the Senate. They are the leaders of the biggest bask of crocodiles in the water hole. There are other smaller basks, or individual crocodiles, living in the water hole.

Fit To Qualify – What Rules Guide Members And Senators In Their Natural Habitat?

Just like lions are adapted to life on land, so too Members of the House of Representatives must possess certain qualities in order to live in their environment. The same rules apply to crocodiles which are best suited to an aquatic existence in the same way that Senators need specific qualities to successfully live in the Senate.

There is no requirement for a member of a political party to be qualified to stand for election even though, a quick glance at the current list of Members and Senators, tells the story of how difficult it is for a person to be elected unless they are a member of a political party.

What Rules Determine If A Member Or Senator Can Be Disqualified?

Just as the laws of nature determine whether lions or crocodiles cast out certain individuals for social deviance (for example, where younger males challenge an alpha), The Constitution governs when a Member or Senator can become disqualified from their position in public office.

If a Member or a Senator is disqualified, as provided for in the Constitution, their place automatically becomes vacant. Crucially, it is not considered a disqualification for a Senator or a Member if they are expelled from membership, or disciplined by, their current or former political party.

There are also mechanisms for a Member or a Senator to be disqualified by the High Court of Australia, sitting as the Court of Disputed Returns under the Electoral Act. Being expelled from a political party or being disciplined is also no basis for disqualification under the Electoral Act.

Can Politicians Be Disciplined For Voting A Certain Way?

When an individual lion or crocodile misbehaves or contravenes group social norms, that individual could face an attack or social isolation.

Similarly, where a Member or Senator votes in a way that is contrary to their political party policy, they may be expelled from membership of that political party, or disciplined by that party. This does not result in disqualification from continuing to be a Member of the House or a Senator. That Member or Senator may choose to resign from the House or the Senate as the case may be, but they are not compelled as a matter of law to do so.

Bucking The Trend – How Does A “Conscience Vote” Impact A Bill’s Passage?

In recent weeks, there has been considerable discussion by politicians, the media, and the community as to whether members and Senators should have a conscience vote in relation to marriage equality that is the subject of the Marriage Amendment / Marriage Equality Bill 2015.

A “conscience vote” means that there will be no direction by the leader of each parliamentary party, of which they are a part of, to the Member or Senator to vote in any way on the Marriage Equality Bill. That is, it is a matter entirely for them to determine the way that they vote, and to deal with the politics of the way they voted as a result. As there will be no formal sanction, Members and Senators from the same political party may be voting differently from some of their colleagues.

This means that each lion and each crocodile can set aside group social protocols and choose to either attack the zebra or let it pass through their respective territories unharmed.

Zebra Crossing – What Does It Mean To “Cross The Floor?”

“Crossing the floor” is voting against the formal decision of the parliamentary political party to which the Member or Senator belongs.

Some political parties may not require a Member or Senator to vote in a particular way but some do have that requirement.

Where that is a requirement, every Member or Senator of that political party is required to vote in a particular way on a particular matter. For a Member or Senator not to vote in a certain way, if required to do so, is an unmistakeable and public act of rebellion.

Tracking The Zebra’s Spoor – The Parliamentary Procedures For A Bill

For any Bill introduced into the House, provided that it is important enough to have had sufficient time allocated to enable it to be debated, there will be a vote at the end of the second reading debate. For a question to be resolved in the House a vote must be taken. The Speaker or a Deputy Speaker will be the Chair at that time. The Chair will put the question that the bill be now read a second time. The Chair will call for those in favour to say aye and those opposed say no, and will state that he or she thinks that either the ayes or the noes have it. If that occurs and if two or more Members do not dispute that statement of opinion by the Chair then the vote is decided in favour of the ayes or the noes as the case may be. If two or more Members dispute that statement the Chair will ask if a division is required. A division is a formal parliamentary vote.

If a division is required by two or more Members, the Chair instructs the Clerk “to ring the bells”. Bells will be rung throughout Parliament House and every clock will have a flashing green indicator light on, for 4 minutes, to enable those Members who are required by their party to vote to enter the chamber. It is not unusual for Members to be scurrying along the corridors to get into the chamber prior to the time having elapsed – it is that important to them! Once the bells have stopped ringing, on the order of the Chair all of the doors in the chamber are locked. The Chair will then state the question to be decided and the vote of those Members present will be taken. Any Member who is not in the chamber when the doors are locked cannot vote on that question.

Those Members in favour of the Marriage Equality Bill being read a second time will sit on the right hand of the Speaker’s Chair and those opposed will sit on the left side of the Speaker’s Chair. If a Member “crosses the floor” then they will literally be seated on the opposite side of the chamber from their parliamentary colleagues, who will vote in accordance with their parliamentary party’s direction. That situation will remain until the procedural matters to enable the vote to occur are completed, and the number of votes on each side and whether or not the question has been agreed to has been announced by the Chair.

The names of each Member who voted in that division, and the way they voted, are recorded in the Hansard of the House of Representatives for that day, and will permanently remain. If a Member voted against what their parliamentary political party decided, that Member has crossed the floor regardless of the outcome of the vote.

The End Of The Road

If the majority of lions in the House of Representatives decide to attack the young zebra, by voting in the negative, the zebra will die. By denying the Marriage Equality Bill a second reading, and opportunity for the zebra to move on to the water hole, means that the Bill has not been passed by the House of Representatives and cannot be introduced into the Senate. In other words, once Members of the House of Representatives have voted in the negative on whether a Marriage Equality Bill should be read a second time, this is the end of its journey through Parliament and it cannot become law.

Since the life of this particular zebra is over, any further attempt for the same animal to be revived and to pass through the grassland or the water hole is not possible. A new Bill, on the same subject matter, would need to be introduced either into the House of Representatives or Senate and the whole process would need to start over.

NB: Materials from this article have been drawn generally from Info sheets and other publications on the Australian Parliamentary website. For a more detailed analysis of these issues, you can refer to Info sheets and other publications on the Australian Parliamentary website.

Touchstone Pictures 1999

There is also a difference between borrowing and stealing.

No one wants to be seen in the same outfit at a party.

Equally, designers do not want their original work replicated for the benefit of an individual or company without their knowledge or approval.

Design theft has always made up a portion of lost revenue for fashion brands. But a shifting dialogue in the clothing industry is now seeing designers and major fashion houses adopt a low tolerance approach and to fight back. The result is a brand new legal field blends law and fashion powerhouse industries.

Here are some examples of high-profile and successful law suits brought in the entertainment and fashion industries, how you can proactively protect your designs and what options may be available to you if your design is stolen.

Good Artists Borrow, Great Artists Steal

To draw inspiration is one thing, to contravene legislation is quite another.

Historically, the entertainment and fashion industries have traded in the exchange of creative ideas, as work from the past informs and shapes the present. The line between inspiration and innovation, however, has never been more blurred.

Of all creative fields, the music industry has enjoyed a long and glorious litigious tradition. Over the years countless artists have sued each other for copyright infringement. From Huey Lewis’ case v Ray Parker Jr; and The Rolling Stones v The Verve; to David Bowie and Freddie Mercury v Vanilla Ice. More recently, Pharrell Williams and Robin Thicke lost a record-breaking $7.4 million law suit initiated by Marvin Gaye’s estate for copyright infringement of “Got To Give It Up”. Ultimately, each case turns on the intersection between creative inspiration and infringing legislation.

It’s Not Blue, It’s Cerulean

As an emerging and highly-specialised area of law, fashion law covers intellectual property, business, finance and other issues impacting an item of clothing over the course of its life. In recent years, the practice of fashion law has exploded internationally. In the US, several independent fashion law institutes have been established to cater for growing demand for fashion law as a specialised field of study.

Litigation has since flooded the industry with a few major league cases paving the way for lesser known brands to sue for copyright infringement of original work.

Recent landmark cases have involved the likes of Converse shoes who sued up to 31 brands for copyright infringement of its Chuck Taylor All Stars sneaker design; Christian Louboutin who successfully pursued legal action against YSL for exclusive rights to manufacture shoes with a red sole; and pop icon Rhianna who successfully sued Top Shop for copyright infringement when her image was printed on T-shirts without her knowledge or permission.

Even top designers are finding that they are not beyond the long arm of the law. Yoko Ono has recently been sued for copyright infringement when she replicated the unique designs of a New York fetish designer.

Protecting Your Designs In Australia

The fashion law landscape in Australia is complex and relatively underdeveloped.

In Australia, the use of an idea or creative work without permission is regulated by intellectual property legislation. Australian law safeguards the intellectual property rights of fashion designers in four ways.

• Design law protects designs with commercial or industrial use
• Patent law protects new and useful inventions
• Copyright law protects original expressions and ideas
• Trade mark law protects your right to trade under your name exclusively. It is used to distinguish your goods or services and prevents a competitor from benefiting from your distinctive brand or reputation for quality.

Below is a checklist with some suggested ways to guard your interests under design, trade mark, copyright and patent legislation.

1. Register with IP Australia

In Australia, intellectual property is generated when you create a new or original work. For example, by designing an item of clothing.

To protect your design from being copied or misused, register your design with IP Australia. Registration prevents anyone from replicating the appearance of your garment, such as a shoe or handbag.

Before applying for design registration:

• Is your design new? This means that your design cannot be similar to anything else previously registered locally or internationally.
• Is your design distinctive? The overall impression or appearance of your design cannot be similar to anything else registered locally or internationally.

To ensure your design is original, research other designs using the IP Australia website.

If your application is approved, your intellectual property right gives you exclusive permission to use, control and profit from your design work.

2. Register your trade mark

To prevent a competing designer from piggy-backing on your brand name or label by offering a product that is substantially similar to your unique designs, register your trade mark. The Christian Louboutin v YSL case, for example, was fought entirely under trade mark law.

Before applying to register your trade mark:

• Search the Australian Trade Mark Online Search System (ATMOSS) to ensure no one has registered the trade mark before you.

A registered trade mark protects your right to sell your products exclusively.

Protection under trade practices and fair trading legislation can protect your trade mark rights against misrepresentation by competitors. However, litigation is typically more costly and time-consuming than simply registering your trade mark at first instance.

3. Copyright protection

In Australia, copyright protection protects your design upon creation if it is an original artistic work in material form. Fashion designs fall under the description of an ‘artistic work’ under the Copyright Act 1968 (Cth).

In order to receive automatic copyright protection your design:

• Must be in material form. This means it cannot be a mere idea. A sketch on a napkin, post-it note, scrapbook or smartphone app are sufficient. If you have commenced your artistic work in a material form then it is protected by Australian Copyright legislation from the time when you first write it in material form.
• Must be original. This means that your design cannot be copied from anyone else.

Copyright legislation does not protect your designs where someone has created the same, or a similar design, independently. An element of purposeful replication is required.

Always use a copyright symbol © [your name/brand/year] on your designs. This alerts others to the fact that your design is an original work.

Registration lapses after a certain period of time. See below:

Replicated from IP Australia.

4. Register your patent

To protect clothing or fabric that has a specific function, register your patent.

Registration for fashion designs is only available in certain circumstances since patents protect how a design works and not how the design looks. A patent will be relevant where you have developed new technology that has a specific function. For example, Speedo has patented new sportswear technology.

Sketch out a plan

The areas of law covering fashion design are complex and difficult to navigate alone.

If you suspect that someone is infringing your intellectual property rights, contact an IP professional. They will guide you through the costs and risks involved in pursuing an IP infringement, how to enforce your rights as well as your best course of action.

What experiences have you had with the fashion industry, design theft and enforcing your rights? Think we’ve missed anything? Leave us a comment below!

Further information

To register your design, trade mark or patent visit IP Australia.

For copyright queries contact the Australian Copyright Council.

To get in touch with a legal professional specialising in fashion law contact:

• Melbourne – Gi&Sanicki Lawyers
• Sydney – Media Arts Lawyers
• Sydney – Axis Legal; or
• Search the Australian Lawyers Directory for legal representation in your area.

For industry support contact the Council of Textile and Fashion Industries of Australia.

For a comprehensive guide to intellectual property for Australia’s clothing and fashion industry visit WIPO

The breakdown of any relationship is a traumatic experience.

But what if the person you once trusted intentionally reposted intimate pictures or videos of you without your consent? The misuse of technology as an emergent tool of degradation and punishment has become alarmingly common in Australia.

It’s a devious and perverted form of post-breakup warfare that is being waged online.

This is the dark and insidious world of revenge porn.

History and pathology

It began in a relatively isolated way. Several websites, mainly US-based publications, popped up to cater for malicious reposting with an ever-growing community of actively engaged users supplying sexually explicit content to site administrators.

In the last few years the revenge porn business has boomed. Photos are usually sent in by spurned ex-partners (mostly men) seeking an avenue for revenge against former girlfriends. Many images posted on specially dedicated sites specify the victim’s full name and are linked to social media profiles. Some go as far as including personal details such as employer information. In other cases, sexually explicit images are posted on social media or emailed to friends, family or even work colleagues without the knowledge or consent of the victim.

The intention is to humiliate, harass or blackmail.

Widespread use of social media and smart phones among young people who capture selfies for the purpose of ‘sexting’ has paved the way for the actions of few to easily spiral out of control. ‘One click’ access and publication of personal information on social media has, perhaps, groomed an entire generation to accept abuse of information as the new norm. What was once reserved exclusively for the private domain has now become part of an increasingly private ‘public dialogue.’

More than ever, the internet is providing ill-intentioned perpetrators with a dangerous platform to not only air grievances but also to find a similarly-inclined audience.

The rapid proliferation of this form of sexual exploitation has occurred for two main reasons:

1. ease of publication; and
2. lack of accountability.

As a growing practice, this unconstrained freedom to publish explicit media has, and continues, to go largely unchecked.

The trend has given rise to a problem that has not been faced by any other generation – and the results can be devastating.

Impact on victim

Unlike other forms of abuse, revenge porn involves no physical harm to the victim.

The emotional and psychological toll can, however, closely mirror the impact of a sex crime. The victim is left feeling helpless, violated, humiliated and without recourse. In some reported cases, intimate images are used to manipulate and blackmail current partners within the context of a domestic violence situation.

In the past, victims of sexually explicit photo hacks have experienced harsh public backlash. Disney star Vanessa Hudgens, for example, made a public apology after explicit photos surfaced on the internet. Nowadays, victims (particularly celebrities) of photo hacks are calling attention to revenge porn and online photo attacks for what they truly are – a sex crime. A changing mainstream media dialogue spearheaded in large part by Jennifer Lawrence following a nude photo hack late last year now rightfully redirects blame, attention and shame to the shoulders of the perpetrator.

State of the law in Australia – Is it doing enough?

Like most countries, Australia has no laws specifically designed to combat revenge porn or malicious reposting. Current privacy laws deal mainly with abuse by corporations or government bodies but mention nothing about breaches made by private individuals. State and territory criminal laws, on the other hand, deal with physical assault rather than virtual behaviour that causes similar and serious and ongoing psychological harm.

Victoria is leading the charge against revenge porn in Australia by amending existing sexting laws. Recently passed legislation makes it a criminal offence to distribute, or threaten to distribute, intimate images or videos of a person without consent.

In a Federal context, the Commonwealth Criminal Code 1995 makes it an offence to use the internet to menace, harass or offend. As a broad spectrum law, it has been used to prosecute cases of cyber bullying. Some commentators argue that it may be used to prosecute perpetrators of revenge porn. However, as a newly emerging area of cybercrime there is no legal precedent and no criminal prosecutions that have used this legislation to date.

This is not the first time the law has lagged.

When it comes to the rapidly-evolving area of cyber crime, the actions of individuals often overtake the ability of policy makers and legislators to keep pace. From the Silk Road online black market used for the sale of illegal drugs to other deep web and darknet services, there is no shortage of ways for extremest groups, child pornographers or illegal goods distributors to engage in untraceable illegal activity hidden from relevant authorities.

The UK and several states in the US have now regulated against revenge porn. In the UK it is now an offence punishable by up to 2 years imprisonment.

What if it happens to you, or someone you know?

If you become aware of a picture that has been published online without your consent, move quickly! The longer your images are online, the more people will see them and the further they are likely to spread. Taking immediate action is the best way to ensure that the pictures are removed successfully.

1. Report the crime to local police;
2. If the picture has been posted on social media, report the abuse through appropriate channels immediately and request that the image is removed;
3. If the images have been posted on social media, depending on the nature of your relationship with the perpetrator, you may wish to contact him/her directly to request the pictures are taken down. Sometimes the most effective strategy is the simplest: appealing to a person’s better nature may well produce the outcome you seek without the need to pursue further action;
4. If the picture has been posted on a specially dedicated revenge porn website, however, contact the site’s administrator and request the picture is removed;
5. Seek advice from a lawyer who specialises in cyber crime.

Some suggested wording you may wish to consider using when requesting the removal of an image:

Dear [insert name of site administrator]

I have recently become aware of explicit images of myself that have been posted on your website without my knowledge or consent.

I am writing to request the immediate removal of these images.

If my images are not removed within 24 hours I will be forced to report your website to the authorities and to pursue legal action.

Thank you

Regards

[insert your name]

Another possible legal avenue could involve suing website owners for breach of copyright under civil Copyright Protection laws. Copyright protection in Australia is automatic as soon as an image is captured.

This means that if  you took the explicit image yourself, it belongs to you.

Virtual reality

A good defence is the best offence.

Be mindful of the information you share. Abuse – whether virtual or physical – almost always happens at a time and in a way that we cannot anticipate.

Report any online attack immediately and talk about it with friends and family.

The only outcome to be achieved by remaining silent is to allow the perpetrator to win.

Have you or anyone you know been victimised by revenge porn? Do you think legislation should punish perpetrators of online assaults in the same way as other sex crimes? Let us know what you think in the comments section below!

Further information

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) or
• To explore a remedy for copyright infringement seek advice from a copyright lawyer.