What are they and how do they change the current laws?
On the 13 February 2019, a Bill was passed by the Queensland Government to amend the Criminal Code. This Bill introduces two new offences relating to the distribution and threat of distribution of intimate images of another, and to increase the maximum penalty of existing offences.
Prior to the introduction of the Bill, the Criminal Code contained provisions that protected victims from the taking of unlawful images or images obtained without consent, and the distribution of those images (s227A Observations or recordings in breach of privacy and s227B Distributing prohibited visual recordings). However, images that were originally obtained consensually, such as during an intimate relationship, would not be allowed the same level of protection.
The non-consensual sharing of intimate images is known colloquially as “revenge porn” and applies to real images as well as those that have been photoshopped or digitally altered.
Intimate Images: An intimate image is one that depicts a person’s genital or anal region whether or not it is covered by underwear; a female’s (or one who identifies as female’s) breast area; or an image that depicts a person engaged in an intimate sexual activity.
It will still be an intimate image if the image has been photoshopped to appear to show any of the above, or if the image has been digitally obscured but still has the person depicted sexually.
New Laws
The Bill increases the maximum penalty for the two existing offences to three years imprisonment, while introducing two new offences each also with the same maximum penalty.
Distributing intimate images
The new section 223 of the Criminal Code makes it an offence to distribute intimate images of another person without the other person’s consent, in a way that would cause the other person distress reasonably arising in all the circumstances. It is immaterial if the distribution of the images actually causes the other person distress.
A child under the age of 16 is incapable of giving consent.
Threats to distribute intimate images or prohibited visual recording
The new section 229A of the Criminal Code makes it an offence to threaten to distribute an intimate image or prohibited visual recording of another without consent, in a way that would cause the other person distress reasonably arising in all the circumstances. The threat must be made in a way that would cause the other person fear of the threat being carried out. However, the intimate image does not need to actually exist.
It is also an offence if the image is of someone else other than the person threatened, and the distribution would reasonably cause distress to the person threatened or the person in the image.
Defences and Remedies
There is a defence to the distributing of intimate images if the person engaged in the conduct did so for a reasonable genuine artistic, educational, legal, medical, scientific, or public benefit purpose.
The Court can order that a person convicted of any offence involving intimate images or prohibited recordings must destroy the subject material of the offence within a stated period. Failure to do so, if so ordered, is a misdemeanour and carries a maximum penalty of two years imprisonment.
If you are a victim of any of the offences listed in this article you should seek the assistance of Queensland Police to investigate your case. If you have been caused distress, we strongly recommend you make an appointment with your doctor.
