Senator Griff explained that:
This amendment introduces three new offences into the Commonwealth Criminal Code with respect to the non-consensual sharing of intimate images—namely, knowingly or recklessly producing intimate images without consent, knowingly or recklessly sharing intimate images without consent, and threatening to take and/or share intimate images without consent, irrespective of whether or not those images exist. These offences make it clear that it is the victim's consent that has paramount consideration and not whether the alleged perpetrator intended to cause harm. These take into consideration the final recommendations of the Senate inquiry into the phenomenon known as revenge porn.
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
Read more in the bills digest.