From 15 April 2019, new laws came into effect in Western Australia making it an offence to distribute, or threaten to distribute, intimate content sometimes referred to in the media as ‘revenge porn’.
The new laws have made it a criminal offence to distribute intimate content without the consent of the person contained in that content. This can include:
- an image of the person naked, partially naked, or in their underwear; and
- an image of a person who is engaging in a private act.
Under these new laws, ‘intimate content’ can be a photograph or a video and may also include edited images. However, it does not include photographs or videos of people in circumstances where they cannot reasonably expect to be afforded privacy, such as a photograph of a person in a bikini at the beach.
The new laws clearly define the term ‘distribute’ as meaning to share, post on social media, distribute by post, upload to websites, or photocopy images and display it where others can see them.
Under the new laws, it is a criminal offence to distribute the intimate image of a person unless they have freely and voluntarily given their consent. This means that their consent must not have been obtained by force, threat, intimidation, deceit or any fraudulent means.
Our team of experienced criminal defence lawyers at Kate King Legal are here to help if you have been charged with this offence or any other criminal charge, traffic matter, or restraining order matter. For urgent advice and assistance call us now on (08) 9467 3333 or click here to fill out an online enquiry.
