14th Feb 2018, 11:04 AM – Senate Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Bill 2017 - in Committee - People under eighteen

The majority voted against an amendment introduced by Greens Senator Jordon Steele-John (WA), which means it failed.

The amendment would have made sure that people under eighteen weren't covered by the bill. Liberal Senator Mitch Fifield (Vic) explained that:

The government won't be supporting the amendments moved by the Australian Greens. The penalties apply to all persons to ensure that there is a strong deterrent to engaging in the sharing of intimate images without consent.

*In practice, as Senator Steele-John alluded to, the eSafety Commissioner will take a very cautious approach in relation to any complaint made against a perpetrator under 18 years of age. *

Motion text

(1) Schedule 1, item 3, page 3 (line 20), omit "a person", substitute "an adult".

(2) Schedule 1, item 26, page 15 (line 19), omit "A person", substitute "An adult".

(3) Schedule 1, item 26, page 16 (line 17), after "person", insert "is an adult and".

(4) Schedule 1, item 26, page 21 (line 2), omit "A person", substitute "An adult".

(5) Schedule 1, item 26, page 21 (line 3), omit "the person", substitute "the adult".

(6) Schedule 1, item 26, page 21 (line 28), omit "A person", substitute "An adult".

What does the bill do?

The bill was introduced to:

• prohibit the posting of, or threatening to post, an intimate image without consent on a social media service, relevant electronic service or a designated internet service;
• establish a complaints and objections system to be administered by the eSafety Commissioner;
• provide the commissioner with powers to issue removal notices or remedial directions;
• establish a civil penalty regime to be administered by the commissioner; and
• enable the commissioner to seek a civil penalty order from a relevant court, issue an infringement notice, obtain an injunction or enforce an undertaking, or issue a formal warning for contraventions of the civil penalty provisions

Note that the bill does not criminalise sharing intimate images without consent. The prohibition it creates is a civil matter, not a criminal one.

Read more in the bills digest.