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| Labor to introduce bill outlawing revenge porn | Labor to introduce bill outlawing revenge porn |
| (1 day later) | |
| Labor will introduce a bill next week to make it a federal offence to distribute, or threaten to distribute, private sexual images or film clips without consent, a practice also known as revenge porn. | |
| Under the proposed amendments to the criminal code, anyone who partakes in revenge porn will be liable for up to three years in jail. People who run websites or other electronic platforms such as social media pages dedicated to revenge porn could face an even harsher penalty of five years in jail. | Under the proposed amendments to the criminal code, anyone who partakes in revenge porn will be liable for up to three years in jail. People who run websites or other electronic platforms such as social media pages dedicated to revenge porn could face an even harsher penalty of five years in jail. |
| People who threaten victims with publication of private sexual imagery without following through on the threat could also face jail time, as can people who threaten to release images of a third person in order to extort money or cause humiliation. This would include perpetrators threatening a husband with the release of his wife’s images or threatening a parent with the release of images relating to their child. | People who threaten victims with publication of private sexual imagery without following through on the threat could also face jail time, as can people who threaten to release images of a third person in order to extort money or cause humiliation. This would include perpetrators threatening a husband with the release of his wife’s images or threatening a parent with the release of images relating to their child. |
| The proposed laws would apply to images or film clips posted on websites, or distributed via SMS, email and social media. | The proposed laws would apply to images or film clips posted on websites, or distributed via SMS, email and social media. |
| Labor’s bill allows exemptions for law enforcement officials and journalists who can prove that distributing the material is of public benefit. | Labor’s bill allows exemptions for law enforcement officials and journalists who can prove that distributing the material is of public benefit. |
| People who make pornography specifically for distribution, or the creation and dissemination of anatomical imagery intended for medical training and use, are also exempted. | People who make pornography specifically for distribution, or the creation and dissemination of anatomical imagery intended for medical training and use, are also exempted. |
| Related: Revenge porn does not only try to shame women – it tries to silence them too | Related: Revenge porn does not only try to shame women – it tries to silence them too |
| The internet has become a hotbed for revenge porn websites, but Australian law has been slow to catch up with the technology. | The internet has become a hotbed for revenge porn websites, but Australian law has been slow to catch up with the technology. |
| No federal laws exist in Australia to stop the publication or distribution of private sexual images without the consent of one or more of the parties involved, though there are laws that make it a crime to use a carrier service with the intent to harass or menace. | No federal laws exist in Australia to stop the publication or distribution of private sexual images without the consent of one or more of the parties involved, though there are laws that make it a crime to use a carrier service with the intent to harass or menace. |
| In 2014, Victoria became the first and only state to criminalise revenge porn, so called because of the prevalence of websites which made it easy for jilted lovers to post pictures or videos publicly that were intended for private use. | In 2014, Victoria became the first and only state to criminalise revenge porn, so called because of the prevalence of websites which made it easy for jilted lovers to post pictures or videos publicly that were intended for private use. |
| “This conduct may be designed to shame and humiliate the subject or punish them for discontinuing the relationship,” Labor’s discussion paper on the subject, authored by Victorian MP Tim Watts and Queensland MP Terri Butler, said. | “This conduct may be designed to shame and humiliate the subject or punish them for discontinuing the relationship,” Labor’s discussion paper on the subject, authored by Victorian MP Tim Watts and Queensland MP Terri Butler, said. |
| “In other cases the unauthorised sharing of intimate material, or the threat to do so, is intended to harass the subject or coerce them to engage in conduct against their will. For example, someone may threaten to send private sexual images to their partner’s family to pressure that person to continue their relationship.” | “In other cases the unauthorised sharing of intimate material, or the threat to do so, is intended to harass the subject or coerce them to engage in conduct against their will. For example, someone may threaten to send private sexual images to their partner’s family to pressure that person to continue their relationship.” |
| The discussion paper notes that a victims contact information and home address are often listed on revenge porn websites along with their images, to further shame and humiliate them. Some victims of this type of abuse have committed suicide as a result of the harassment. | The discussion paper notes that a victims contact information and home address are often listed on revenge porn websites along with their images, to further shame and humiliate them. Some victims of this type of abuse have committed suicide as a result of the harassment. |
| In May, the Australian government announced the formation of an advisory panel on domestic and sexual violence, headed up by Australian of the year, Rosie Batty, and former Victorian police chief, Ken Lay. | In May, the Australian government announced the formation of an advisory panel on domestic and sexual violence, headed up by Australian of the year, Rosie Batty, and former Victorian police chief, Ken Lay. |
| Part of the body’s focus is to examine how technology is being used as a weapon by perpetrators to further victimise and harass. | Part of the body’s focus is to examine how technology is being used as a weapon by perpetrators to further victimise and harass. |
| The Council of Australian Governments (Coag) is working towards a national strategy on dealing with online safety. It is expected to be finalised by the end of the year. | The Council of Australian Governments (Coag) is working towards a national strategy on dealing with online safety. It is expected to be finalised by the end of the year. |
| Last week, the minister assisting the prime minister for women, Michaelia Cash, indicated the government was looking at cracking down on revenge porn. | Last week, the minister assisting the prime minister for women, Michaelia Cash, indicated the government was looking at cracking down on revenge porn. |
| “You’re in an intimate relationship, you take some photos, they’re not meant for anybody else. You leave the relationship and suddenly those photos are being used to blackmail you,” Cash told reporters on Monday. “We need to ensure that we have adequate legal protections in relation to what really is a new type of abuse and that is technological abuse. | “You’re in an intimate relationship, you take some photos, they’re not meant for anybody else. You leave the relationship and suddenly those photos are being used to blackmail you,” Cash told reporters on Monday. “We need to ensure that we have adequate legal protections in relation to what really is a new type of abuse and that is technological abuse. |
| “That is one of the key deliverables that Coag has been tasked with to deliver on by the end of the year and that is to look at do we have adequate legal protections in relation to technological abuse of women,” she said. | “That is one of the key deliverables that Coag has been tasked with to deliver on by the end of the year and that is to look at do we have adequate legal protections in relation to technological abuse of women,” she said. |
| The international nature of the internet makes revenge porn particularly hard to prosecute, and many Australian women have found sexual images of themselves posted on international websites with little chance for recourse in domestic law. | The international nature of the internet makes revenge porn particularly hard to prosecute, and many Australian women have found sexual images of themselves posted on international websites with little chance for recourse in domestic law. |
| In June, an American woman, Chrissy Chambers, commenced a landmark legal battle in England against her former boyfriend for posting a video online of the two of them having sex. England and Wales criminalised revenge porn in April this year. | In June, an American woman, Chrissy Chambers, commenced a landmark legal battle in England against her former boyfriend for posting a video online of the two of them having sex. England and Wales criminalised revenge porn in April this year. |
| Canada, Japan, the Philippines, Israel and some states of the US have similar laws. | Canada, Japan, the Philippines, Israel and some states of the US have similar laws. |
| Californian man Kevin Bollaert was sentenced to 18 years in jail in April for hosting a website that posted images of women without their consent, and then demanding hundreds of dollars from the victims to have the images removed. | Californian man Kevin Bollaert was sentenced to 18 years in jail in April for hosting a website that posted images of women without their consent, and then demanding hundreds of dollars from the victims to have the images removed. |
| But for most of the victims of revenge porn, predominantly women, who have had images and video of them distributed of them before laws were brought in in their countries of origin, gaining justice using existing laws is a challenge. | But for most of the victims of revenge porn, predominantly women, who have had images and video of them distributed of them before laws were brought in in their countries of origin, gaining justice using existing laws is a challenge. |
| Victims find it difficult to prove they were defamed, as the imagery and clips depict an actual event and not a false assertion. | Victims find it difficult to prove they were defamed, as the imagery and clips depict an actual event and not a false assertion. |
| • On 14 September 2015 this article was amended after Labor delayed its introduction of the bill. A previous version said it was to be introduced on Monday. |
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