New Revenge Porn laws passed in NSW

New South Wales has recently introduced laws aimed at criminalising the use of technology to stalk, harass and even threatening to stalk or harass using technology.  Attorney General Mark Speakman  stated these laws are “Aimed at shifting the power away from vengeful ex-partners and manipulative predators” and they have come about as a result of growing domestic violence where partners share intimate images without consent of the other.

Commonly known as revenge porn, sextortion or sleazebag porn, the legislation falls under the Crimes Amendment Act 2017 (NSW) and carries a maximum three years prison and / or a $11000 fine.

Similar laws exist in other states for example South Australia where a 22 year old man was recently charged for threatening to upload naked photos to the internet of his girlfriend if she broke up with him.  Western Australia is also in the process of criminalising “revenge porn” with laws soon on the way.

 

Commonly known as revenge porn, sextortion or sleazebag porn, the legislation falls under the Crimes Amendment Act 2017 (NSW) and carries a maximum three years prison and / or a $11000 fine.

There are a number of new offences under the New South Wales legislation such as if a person intentionally records and intimate picture or video of another person without their consent.

A second new offence is where a person intentionally distributes an intimate picture or video of someone without their consent.

A third new offence covers the scenario of a person threatening to record an intimate picture or video of another person without their consent. There is no requirement that an image or video actually exists, a mere threat itself is enough to prove this offence.

A fourth new offence of failing to take reasonable steps to remove or destroy intimate images / videos adds an extra level of protection and is aimed at helping victims “regain privacy and dignity”. However this could be hard to prove and be in some cases not helpful once images or videos have been already been shared on the internet.

Finally, these laws are included as being “personal violence offences” meaning victims may be eligible for the NSW Victims Support Scheme – which covers a range of services such as financial assistance and free counselling.

These laws are an important step forward in a growing landscape of domestic and sexual violence across the digital sphere.

If you have been accused of committing a crime It is important to contact us immediately to discuss your options.

Call Maspero Legal now on 8052 3322 – we are here to protect your freedom.

 

2017-09-20T20:02:38+00:00 September 20th, 2017|Tags: , , , , |0 Comments