14th Feb 2018, 9:51 AM – Senate Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Bill 2017 - in Committee - Outdoor places and sketches

The majority voted against an amendment introduced by Senator David Leyonhjelm, which means it was unsuccessful.

Amendment text

(1) Schedule 1, item 4, page 4 (after line 23), after the definition of on-demand program service, insert:

outdoor public place means an outdoor place to which the public, or a section of the public, ordinarily has access, whether or not by payment or by invitation (including, for example, the open air areas of an outdoor concert or sportsground).

(2) Schedule 1, item 18, page 8 (after line 23), after subsection 9B(6), insert:

(7) For the purposes of this section, an intimate image does not include a drawing, painting or sketch (whether still or moving).

(8) For the purposes of subsections (3) and (4), an intimate image does not include images of a person in an outdoor public place.

What does the bill do?

The bill was introduced to:

• prohibit the posting of, or threatening to post, an intimate image without consent on a social media service, relevant electronic service or a designated internet service;
• establish a complaints and objections system to be administered by the eSafety Commissioner;
• provide the commissioner with powers to issue removal notices or remedial directions;
• establish a civil penalty regime to be administered by the commissioner; and
• enable the commissioner to seek a civil penalty order from a relevant court, issue an infringement notice, obtain an injunction or enforce an undertaking, or issue a formal warning for contraventions of the civil penalty provisions

Note that the bill does not criminalise sharing intimate images without consent. The prohibition it creates is a civil matter, not a criminal one.

Read more in the bills digest.