Country | Statute | Year | Contents – definition, classification, punishment, standard of proof | Punishment | Remarks |
2018 | A person who intentionally distributes an intimate image of another person: (a) without the consent of the person, and (b) knowing the person did not consent to the distribution or being reckless as to whether the person consented to the distribution, is guilty of an offence. “intimate image” means: (a) an image of a person’s private parts, or of a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy, or (b) an image that has been altered to appear to show a person’s private parts, or a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy. | Maximum penalty: 100 penalty units or imprisonment for 3 years, or both. |
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2018 | A person who distributes an invasive image of another person, knowing or having reason to believe that the other person— (a) does not consent to that particular distribution of the image; or (b) does not consent to that particular distribution of the image and does not consent to distribution of the image generally, is guilty of an offence. An image of a person will be taken to be an invasive image of the person if it depicts the person in a place other than a public place— (a) engaged in a private act; or (b) in a state of undress such that— (i) in the case of a female—the bare breasts are visible; or (ii) in any case—the bare genital or anal region is visible. (3) However, an image of a person that falls within the standards of morality, decency and propriety generally accepted by reasonable adults in the community will not be taken to be an invasive image of the person. | Maximum penalty: (a) if the invasive image is of a person under the age of 17 years—$20000 or imprisonment for 4 years; (b) in any other case—$10 000 or imprisonment for 2 years. |
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2016 | A court may restrain the respondent from doing all or any of the following in the case of a family violence restraining order: distributing or publishing, or threatening to distribute or publish, intimate personal images of the person seeking to be protected; | 2 years imprisonment. | Check comes into play only in case of a family violence restraining order and is not general protection. | ||
2012 | A person who visually captures or has visually captured an image of another person’s genital or anal region must not intentionally distribute that image. | 2 years imprisonment. |
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