The Case for the Criminalisation of Revenge Pornography in Australia

Abstract

The distribution of intimate images and videos of another person without their consent, a practice commonly referred to as revenge pornography has become a significant social issue in Australia and other jurisdictions. At present, the criminal law on revenge pornography in Australia is fragmented with South Australia and Victoria having created specific offences to deal with the problem while other jurisdictions rely upon a patchwork of existing offences.This article examines the law as it stands in Australia and international jurisdictions where specific offences have been created and discusses a private members bill put before the Commonwealth parliament proposing to criminalise revenge pornography at the Commonwealth level using the Commonwealth’s telephony power.This article argues that criminal law in Australia is inadequate to deal with the issue of revenge pornography and argues for the creation of uniform state and territory legislation modelled after the Victorian revenge pornography legislation without the defence of implied consent.