What are my rights if someone posts sexual or naked photos of me on the internet?
Posting of recordings made without consent
The Crimes Act criminalises the making (and publication) of intimate visual recordings made without a person's consent (regardless of the age of the person making the recording, or the person who is the subject of the recording). In such circumstances, we suggest contacting the Police. The age of the person making such a recording does affect the way in which the offence is dealt with (including whether the offence is dealt with under the youth justice system or the adult justice system).
Objectionable material
The Films Videos and Publications Classification Act 1993 sets out certain offences that relate to objectionable publications. "Objectionable" includes publications containing naked or partially naked children or young persons, that are reasonably capable of being regarded as sexual in nature (alone or together with any other contents of the publication).
Posting of recordings made with consent
The Harmful Digital Communications Act offers protection whether the intimate visual recording is made with or without a person's consent. Posting a harmful digital communication (which could include publishing an intimate visual recording or intimate photos) can be an offence.
If this happens to you, it can often be a stressful and upsetting situation. You can get further support through places like Youthline, OUTLine or What’s Up?. See below for their contact details.
Provision of commercial sexual services by persons under the age of 18
The Prostitution Reform Act 2003 sets out certain offences that relate to commercial sexual services. Commercial sexual services means sexual services that involve physical participation by a person in sexual acts with (and for the gratification of) another person and are provided for payment or reward (including where the person performing the services is not the person receiving the reward). The offences include:
- causing, assisting or encouraging a person under 18 years of age to provide commercial sexual services; and
- receiving a payment (or other reward) that the person knows (or should know) results from commercial sexual services provided by a person under 18 years of age.
This could cover sex work, but also appearing in pornography.
