The Australian Government is seeking your feedback on prohibiting the non-consensual sharing of intimate images, and implementing civil penalties to deter persons and content hosts who share intimate images or videos of another person without their consent.
Why we want your input?
The proliferation of smartphones and the development of new communication platforms has led to an increase in reports of intimate images being shared without consent. Despite the devastating impact of such behaviour on individuals, there are no specific offences addressing this in the Criminal Code Act 1995.How you can voice your opinion?
You can provide a written submission by 30 June 2017 and/or attend one of the workshops being in held in Canberra, Sydney or Melbourne in July 2017.What will be the outcome of this consultation?
Your submissions will help inform the Government’s consideration of this issue and the development of legislation.The Issue
The Australian Government has released a discussion paper for consultation on the prohibition of the non-consensual sharing of intimate images.
The term 'non-consensual sharing of intimate images' refers to the sharing or distribution of an image or video of a person or persons portrayed in a sexual or otherwise intimate manner, which has been shared without consent. This behaviour is colloquially referred to as 'revenge porn'.
While the Criminal Code Act 1995 (Cth) provides for offences relating to the misuse of telecommunications services to menace, harass or cause offence, there are no specific offences addressing the non‑consensual sharing of intimate images.
This public consultation will provide advice to the Government on the possibility of establishing a new prohibition at the Commonwealth level for this behaviour, and the implementation of a civil penalties regime designed to deter and penalise persons and content hosts who share intimate images of a person without their consent. This would complement existing and emerging criminal law.
Public workshops
We invite you to register your interest to attend one of three public workshops being held in the following locations:
Canberra
Tuesday 25 July 2017
10.30am to 1.30pm
Sydney
Wednesday 26th July 2017
10.30am to 1.30pm
Melbourne
Thursday 27th July 2017
10.30am to 1.30pm
These workshops will bring together members of the community and other stakeholders to inform what a civil penalty regime should look like for both perpetrators and sites which host intimate images and videos shared without consent.
To attend a workshop email onlinesafety@communications.gov.au by 14 July 2017.
Please note that places are limited.
At this time workshops are only being held in Canberra, Sydney or Melbourne however, if there is sufficient interest in other locations we may hold further workshops. To suggest a location, please email onlinesafety@communications.gov.au.
Relevant Documentation
Civil penalties regime for non-consensual sharing of intimate images - Discussion paper
Published 20th May 2017
Download PDF (1.09 MB) Download DOC (796.86 KB)
Discussion paper on the prohibition of the non-consensual sharing of intimate images.
Outcome
Summary of the consultation workshops relating to a civil penalty regime for non-consensual sharing of intimate images
This summary relates to workshops conducted by the Department of Communications and the Arts between 25 and 27 July 2017 shortly after the closure of the public consultation period in respect of the Department’s discussion paper on a civil penalty regime for the non-consensual sharing of intimate images.