Sharing Intimate Images Without Consent is a Crime, Ministry of Justice Warns

Justice

The Ministry of Justice wishes to remind the public of the Criminal Code Amendment (Non-Consensual Sharing of Intimate Images) Act 2021, enacted to combat the distressing issue commonly known as "revenge porn."

This legislation criminalises the non-consensual distribution of intimate images, aiming to protect individuals' privacy and dignity.

Attorney-General and Minister of Justice, Senator the Hon. Kim Wilkerson, JP, stated:
"The unauthorised sharing of intimate images is a severe violation of personal privacy and can inflict profound emotional trauma. The legislation is designed to hold perpetrators accountable and provide justice for victims."

The Act addresses various offences, including observing or recording individuals in private settings without consent and distributing intimate images without permission.

Penalties for such offences include imprisonment for up to three years on summary conviction and up to five years on indictment.

Minister Wilkerson emphasised: “Further, I urge anyone who receives such images to delete them immediately and under no circumstances forward such images”. 

This reminder is part of the Ministry's ongoing efforts to educate and protect the public regarding the non-consensual sharing of intimate images.

Given the occurrence of such incidents within our community, it is imperative to reinforce awareness about the existing legislation and its implications.

Globally, the non-consensual distribution of intimate images has become a pervasive issue exacerbated by technological advancements and the proliferation of social media platforms.

Victims often experience significant psychological distress and reputational damage and, in severe cases, have contemplated self-harm. The rapid dissemination of such content online makes containment exceedingly difficult, underscoring the importance of preventive measures and robust legal frameworks.

Minister Wilkerson added: "The global rise of this malicious behaviour highlights the necessity for comprehensive laws and public awareness. We must remain vigilant and work together to prevent the spread of non-consensual intimate images."

She further stressed: "Some may think that sharing intimate images of another person is harmless or done as a joke, but let me be clear—this is a criminal offence. Anyone caught distributing such images without consent could face prosecution and serious legal consequences."

To learn more about the issue of non-consensual sharing of intimate images and how to protect yourself, visit https://stopncii.org/faq/