Abstract
The complex contemporary issue of revenge pornography has attracted extensive media, law reform and academic commentary and concern, especially as to the perceived failures of both the civil and criminal law to keep up to date with social and technological changes and to adequately respond to this issue. This article considers the existing remedies under the criminal law to revenge pornography and examines the Summary Offences (Filming and Sexting Offences) Amendment Act 2016 (SA) that came into operation on 28 October 2016. The new Act updates and strengthens the criminal law in South Australia in this area. This article notes that the criminal law is not the exclusive means to address revenge pornography and that there is a need for a wider approach that includes effective civil legal remedies and education and cultural change. However, the criminal law still has a vital role to play in setting the boundaries of acceptable modern behaviour. In this light, it is argued that the new South Australian Act is a timely and welcome legislative addition in addressing revenge pornography.
Highlights
The recent Report of the Senate Committee into the Phenomenon Colloquially Referred to as Revenge Porn elaborated on some of the concerns raised by revenge pornography: Non-consensual sharing of intimate images is a serious and growing problem in Australia, facilitated in part by technological advances and increasing use of social media
There are various offences that exist under both Commonwealth and South Australian law that could apply to revenge pornography
The new South Australian Act received all party support; there was some debate about the extent of the media defence in s 26B54 and concern was raised about offenders aged under 18 being charged with child exploitation
Summary
‘Revenge Porn:[1] The world is moving on while Australia stands still.’[2]. This was the bleak headline of a recent article highlighting the limitations of the Australian legal response, especially in updating relevant laws, to address the complex contemporary problem of revenge pornography.[3]. The recent Report of the Senate Committee into the Phenomenon Colloquially Referred to as Revenge Porn elaborated on some of the concerns raised by revenge pornography: Non-consensual sharing of intimate images is a serious and growing problem in Australia, facilitated in part by technological advances and increasing use of social media. There are some young South Australia offenders who use such images as a form of unacceptable bullying (including, as revenge pornography)’: Parliamentary Debates, House of Assembly, 9 March 2016, 4602 (John Rau, AttorneyGeneral). This kind of behaviour is totally unacceptable These images can have a devastating emotional and social effect on the person pictured and can be used as a way to deliberately humiliate, control or harass the intended victim’: AAP, ‘New South Wales Plans Laws to Outlaw Revenge Porn after Privacy Inquiry’ The Guardian (online), 5 September 2016, . If not virtually impossible, to remove the results of revenge pornography once it has reached the internet.[23]
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