Image-based abuse Australia law exists to protect people whose intimate photos or videos are shared, or threatened to be shared, without their consent. It’s a distressing experience that can happen to anyone, regardless of age, gender or how the images came to exist in the first place, and Australian law increasingly recognises the serious harm it causes.
This kind of conduct is sometimes called “revenge porn”, a term most experts and advocates now discourage because it wrongly suggests the victim did something to deserve it. The preferred term is image-based abuse, and it covers everything from a former partner sharing private photos out of spite to someone using digitally altered images to humiliate or control another person. This article explains what the law actually says, and where to turn for help.
What Is Image-Based Abuse Under Australian Law?
Under Australian law, image-based abuse happens when someone shares, or threatens to share, an intimate image or video of another person without their consent. The eSafety Commissioner, the Australian Government agency responsible for online safety, explains what counts as image-based abuse, including photos, videos, and digitally altered images that appear to show a real person in an intimate setting.
The image doesn’t need to have been taken without consent for it to count as abuse. A photo taken consensually during a relationship can still amount to image-based abuse if it’s later shared, or threatened to be shared, without that person’s agreement. Consent to have an image taken is separate from consent to share it, and this distinction matters a great deal under the law.
Criminal Offences: Commonwealth and State Law
Sharing intimate images without consent is a criminal offence in Australia at both the Commonwealth and state or territory level. Federally, it’s an offence under the Commonwealth Criminal Code to use a carriage service, such as the internet or a phone network, to share an intimate image without consent, and the Attorney-General’s Department outlines these federal protections and related online conduct offences.
Every state and territory also has its own criminal offences covering the non-consensual sharing of intimate images, and in some cases, recording such images without consent in the first place. Penalties can include fines and, in more serious cases, imprisonment, though the actual consequences depend on the offence, the jurisdiction, and the specific circumstances involved. Courts also tend to consider whether an image was shared to threaten, coerce or humiliate the person.
The eSafety Commissioner’s Civil Penalty Scheme
Alongside criminal law, Australia has a separate civil penalty scheme run by the eSafety Commissioner specifically for image-based abuse. A person affected can lodge a report directly with the regulator, who can investigate and issue removal notices to the person who posted the image, the website hosting it, or the platform where it appeared.
If a person or a platform doesn’t comply with a removal notice, eSafety has the power to pursue civil penalties. This scheme operates separately from the criminal justice system, so someone can lodge a civil complaint with eSafety and report the matter to police at the same time, since the two processes run independently of one another.
What To Do If It Happens To You
If you discover that intimate images of you have been shared, or that someone is threatening to share them, without your consent, there are practical steps you can take straight away. Acting quickly can help limit how far the images spread and preserve evidence for any later report.
- Report it to the eSafety Commissioner, who can request removal of the content and guide you through the process.
- Report the matter to your local police, particularly if you’re being threatened, blackmailed or harassed.
- Take screenshots of the image, the account that shared it and any accompanying messages before reporting it.
- Contact the platform directly and use its own reporting tools to request removal.
- Reach out to a confidential support service for emotional support while you handle the practical side.
- Get legal advice about your options, including any civil remedies that may apply in your situation.
How Image-Based Abuse Differs From Defamation
Image-based abuse is sometimes confused with defamation, but the two are legally quite different. Defamation involves a false statement that damages someone’s reputation, and a person bringing a defamation claim generally has to prove the statement was untrue and caused harm to their reputation.
Image-based abuse doesn’t require the image to be false or misleading at all. The image can be entirely genuine, and the harm lies in the fact it was shared without consent, not in whether it’s accurate. This is part of why image-based abuse has its own dedicated laws and reporting scheme, rather than relying on defamation law, which wasn’t really designed with this kind of harm in mind.
Getting Confidential Support and Legal Advice
If your privacy has been breached alongside the sharing of images, for example other personal details being shared too, the Office of the Australian Information Commissioner handles complaints about privacy and personal information under federal privacy law, which may also be relevant.
The Australian Human Rights Commission also provides useful information on the broader human rights principles connected to online safety, including the right to privacy and dignity. It’s worth remembering that laws in this area vary between states and territories and continue to change, so it’s important to check the current rules and get advice specific to your situation from a qualified solicitor or your local legal aid commission.
Conclusion
Image-based abuse is taken seriously under Australian law, with criminal offences and a civil penalty scheme working together to help people get images removed and hold those responsible to account. Understanding your options, whether that’s reporting to eSafety, contacting police, or seeking removal from a platform, can make a real difference in how quickly a situation is resolved.
If you’re dealing with image-based abuse, you don’t have to work through the legal side alone. Speaking with a solicitor or your local legal aid service can help you understand your rights and the options available where you live, and you can explore lawyer.com.au to find legal professionals across a range of practice areas in major Australian cities.
FAQs
1. What counts as an intimate image under Australian law?
An intimate image generally includes photos or videos showing a person’s private body parts, someone engaged in a private act, or an image digitally altered to appear that way. It doesn’t need to be sexually explicit to qualify, and the exact definition can vary slightly between Commonwealth and state laws. A solicitor or the eSafety Commissioner can help clarify whether a particular image fits the definition.
2. Is it still image-based abuse if I originally agreed to the photo being taken?
Yes. Consenting to an image being taken is different from consenting to it being shared. Even if you were happy for the photo or video to be taken at the time, sharing it without your agreement can still be considered image-based abuse under Australian law.
3. Can I report image-based abuse anonymously?
You can report content to the eSafety Commissioner, and your details are handled confidentially throughout the process. Reporting to police may require more identifying information, especially if the matter progresses to an investigation. A support service can talk you through what to expect before you make a report.
4. Does the law cover threats to share images, not just actual sharing?
Yes, threatening to share an intimate image without consent is taken seriously under both the criminal law and the eSafety civil penalty scheme, even if the image is never actually posted. This reflects the fact that threats alone can cause serious distress and are often used to intimidate or control someone.
5. Will my case definitely result in the images being removed or someone being punished?
There’s no guaranteed outcome, and every situation differs depending on the evidence and where the matter is reported. What the law provides is a clear pathway, through eSafety and, where relevant, police and the courts, to pursue removal and accountability. A qualified solicitor can advise on what to expect in your specific circumstances.