Criminal Code Amendment Bill Introduced in CTH for Telecommunications Offences
Tuesday 13 October 2015 @ 11.05 a.m. | Crime
Yesterday (12 October 2015), the Criminal Code Amendment (Private Sexual Material) Bill 2015 was introduced into the House of Representatives in Commonwealth. The Bill has been introduced to combat the rise in so-called "revenge porn" by introducing three new telecommunications offences.
Background to the Bill
According to Dundas Lawyers, revenge porn refers to:
"sexually explicit media that is distributed without the consent of the individual(s) involved. An act of Revenge Porn therefore involves the recording of video or still images of a person that is usually engaged in sexual acts (Revenge Content) and publishing or threatening to publish it. A persons participation may be consensual or non-consensual with the photographer subsequently uploading the Revenge Content to revenge porn websites with links to social media websites with the intent of humiliating the person depicted."
According to the Second Reading speech to the bill, the offences covered by the new Bill not only cover revenge porn but also offences which can constitute family violence like posting of images on social media or sent to the victim's friends or family.
Provisions in the Bill
According to the Second Reading Speech, in 2013, South Australia made distributing an 'invasive image' without consent a criminal offence under its Summary Offences Act 1953. In 2014, Victoria made it a criminal offence to maliciously distribute, or threaten to distribute, 'intimate' images without consent under their Summary Offences Act 1966. Perpetrators face a maximum penalty of two years' imprisonment for distribution and one-year imprisonment for threat of distribution in this jurisdiction. In other Australian jurisdictions, broader offences exist in relation to stalking, blackmail, voyeurism and indecency. However, these offences are too broad in scope to directly target revenge porn.
The Bill introduces a new Subdivision DA into Division 474 of the Criminal Code (contained in the Schedule to the Criminal Code Act 1995 (Cth)). This new Subdivision DA consists of 6 new sections detailing:
- Definitions for the new offences;
- Using a carriage service for private sexual materials;
- Using a carriage service to threaten regarding private sexual materials;
- Possession of private sexual materials; and
- Defences.
According to the Second Reading Speech, the penalty for these offences will be five years imprisonment. The trading in revenge porn for commercial benefit increases demand for this kind of material and can be consequentially expected to increase its prevalence. It should be regarded an aggravated offence and attract a higher penalty.
Commonwealth Parliament is sitting for all of this week so debate will continue upon this bill.
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Sources:
Criminal Code Amendment (Private Sexual Material) Bill 2015 as reproduced on TimeBase LawOne
