The Queensland Government’s proposed Non-consensual Sharing of Intimate Images Amendment Bill 2018 should put at ease the mind of anyone who has sent their ex some sexy selfies.
The bill criminalises the act of threatening to post nude-images of your former partner on the internet and was intended to provide legal redress for victims of revenge porn.
Section 229A of the new legislation – which will be inserted into the Criminal Code 1899 (Qld) states a person can face up to three years jail for making a threat to distribute an intimate image of another person: “without the other person’s consent and in a way that would cause the other person distress.”
The new laws also set out the types of images captured by the legislation and include: “a visual recording of the person, in a private place or engaging in a private act, made in circumstances where a reasonable adult would expect to be afforded privacy.”
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In addition to the above the new laws also make it an offence to post or threaten to post to the internet, or share: “a visual recording of the person’s genital or anal region, when it is bare or covered only by underwear, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.”
When the laws were introduced to Queensland Parliament on August 20, 2018, Attorney-General Yvette D’ath said: “The definition will extend to photoshopped images – where an image has been altered to look like a person is portrayed in an intimate way.”
The Bill also allows courts to make a rectification order –the images must be removed or deleted, and if they aren’t a person faces a two-year jail term.
“Revenge porn is a horrible violation, designed to humiliate, and it speaks volumes about the person sharing the image,” Ms D’Ath said.
“It is time for us to step in because this behaviour isn’t just abhorrent, it is criminal.
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“And we also know that while sharing intimate images can affect anyone, it disproportionately affects women and girls.
The Bill also includes the threat to distribute – whether an image exists or not.
“Victims often don’t know whether there is material in existence; but a threat to distribute material—even material that may not exist— provokes extreme fear and can be used to control, coerce, and harm a person,” Mrs D’Ath said.
“I would hope this Bill also serves as a reminder for young Queenslanders, in particular, around the dangers in sharing such material.”
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