No one should be able to share an intimate photo sent to them by a partner whilst in a relationship. Although arguably covered by Commonwealth offences of Using Carriage Service to Menace or Harrass, in NSW there is currently no specific law that makes it a criminal act for an ex-partner to share your intimate image or threaten to share it.

The spike in the instances of what has been termed ‘revenge porn’ has placed pressure on the NSW Government to consider legislating against such action taken by partners.

These vengeful responses can be common in cases of domestic violence and the threat or actual sharing of an intimate image has been used to force a victim to stay in the relationship, or as blackmail during legal disputes.

A report published by the NSW Government in March recommended laws that would allow a victim to sue the person sharing the image where their privacy has been invaded.

In considering new laws, the issue of consent and young people will need to be considered carefully. Currently, the laws on “sexting” see young people under 16 who send explicit images consensually to another is an act of child pornography. The new laws will need to consider this issue, and the potential for  young people to be treated as criminals under laws intended to protect them.

Although we cannot be sure when these changes will take effect, it is a step towards NSW catching up with other Australian states to ensure adequate protection

Photo by Tookapic