NSW is making 'revenge porn' a criminal offence

NSW attorney general Gabrielle Upton. Photo: supplied

New South Wales will join Victoria and South Australia in making distributing sexually explicit images without consent – sometimes called “revenge porn” – a criminal offence.

NSW attorney general Gabrielle Upton announced the new laws today saying the intimate images are often distributed by ex-partners seeking revenge and sometimes victims may be forced to participate in explicit images in domestic violence situations.

”The use of mobile phones as recording devices has made it easier for people to share intimate images without consent on social media or websites, causing great distress for victims, and we need strong laws to protect them,” she said.

“New laws will protect people and make it clear this kind of behaviour is totally unacceptable.”

The government has yet to determine the penalties. Victoria has a penalty of up to two years in jail, and South Australia offenders face a $10,000 fine or two years in jail.

The minister said consultation on the definition of “intimate” images, how they are shared or distributed, and what penalties should apply, including how the offence should apply to children and young people will begin shortly, with a discussion paper released later this month.

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