Youth Action Calls For Review of NSW Sexting Laws at Inquiry Into Sexualisation Of Children
Monday 11 April 2016 @ 12.23 p.m. | Crime | Legal Research
Public hearings for a NSW Parliamentary inquiry into the sexualisation of children and young people were held last week, following the close of written submissions in February this year. One of the submissions by youth organisation “Youth Action” was to reform laws and education about “sexting”.
Youth Action’s Proposal
Youth Action’s written submissions are calling for a review of the way sexually explicit images between consenting children are treated, saying that current laws and educational practices do not reflect young people’s reality. Currently, under NSW law, all images sent between consenting children under the age of 16 are technically considered child pornography, and under Federal law, this also applies to young people under the age of 18. Their submission notes:
“This means that asking for, taking, sending, or receiving such images are all illegal actions for those under the age of 18, regardless of whether the practise is occurring with mutual consent. As such, sexting potentially carries very high penalties for many young people, who risk occupying contradictory roles—as both criminals and vulnerable subjects—and who could be charged under the very legislation that has been designed to protect them. Additionally, inconsistencies between state and federal laws creates further confusion as to what is or is not considered illegal in a NSW context...”
They then recommend “NSW's laws are reviewed and amended to allow for a more appropriate range of responses for young people, especially in instances of mutually consensual sexting that is age-appropriate.” They also suggest reviewing the respectful relationships syllabus in NSW and emphasising consent and ethics in school education.
Youth Action also made a number of other recommendations, including blocking access to pro-anorexia and pro-bulimia websites.
The Inquiry
The Inquiry is being held by the NSW Parliament Joint Committee on Children and Young People. The inquiry began in October last year, and written submissions closed in February. The Committee is chaired by Liberal MP Ms Melanie Gibbons and consists of two Liberal Party members, two Labor Party members, two members from the Nationals and one Christian Democrat member.
The terms of reference for the inquiry are:
That the Joint Committee on Children and Young people inquire into and report on the sexualisation of children and young people, with particular reference to:
i. The sexualisation of children and young people in electronic, print and social media and marketing;
ii. The exposure of children and young people in NSW to sexualised images and content in public places, electronic, print and social media and marketing;
iii. The impact on children and young people of growing up in a sexualised culture;
iv. Adequacy of current measures at state and federal level to regulate sexualised imagery in electronic, print and social media and marketing, and effectiveness of self-regulation measures;
v. Measures to assist parents in fulfilling their responsibility to protect and educate children;
vi. Measures to educate children and young people and assist them in navigating the contemporary cultural environment;
vii. Possible measures that the Children’s Advocate can take to assist children and young people to navigate the cultural environment successfully.
viii. Any other related matter.
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