Revenge Porn involves the revealing of sexually explicit images or videos posted online without the subject’s consent, typically by former sexual partners. The issue is becoming increasingly common with the use of social media platforms such as Facebook, Instagram, Snapchat, and Twitter. To combat this behaviour, the Federal Government is considering implementing legislation to help stem the issue.  In South Australia, anyone who is found using revenge porn can be charged with the following offences under the Summary Offences Act:

• distribution of invasive image;
• humiliating or degrading filming;
• indecent filming; and
• threat to distribute invasive image or image obtained from indecent filming.

What is an invasive image?

An invasive image is one in which a person is shown in a private location engaged in a private act, and may include individuals in a state where they are naked and their genitals, breasts, or anal region can be seen. The test for whether or not an image is invasive is whether it falls within the reasonable standards of morality accepted by reasonable adults in the community. Of particular note:

• It is an offence to distribute an invasive image of another person knowing or having reason to believe that the person does not consent to the image being distributed.
• Even if you do not send a photo, you can be charged for threatening to send an ‘invasive’ image of someone where you mean to arouse genuine fear in the person that a photo of them will be shared.
• Threatening to share private images of someone can be used as a weapon of abuse and control and is seen as a form of bullying.

Indecent filming

It is also an offence to engage in indecent filming. Indecent filming is the filming of:

• another person in a state of undress;
• another person engaged in a private act; and/or
• another person’s private region.

It is also an offence to distribute an image obtained by indecent filming.  The maximum penalty for the above offences range from a fine of $5,000 – $20,000, and up to 2 – 4 years imprisonment, depending on whether the indecent image/s or film involve a minor.  

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