Division Description Changes — Bills — Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Bill 2017; in Committee — 14th Feb 2018

Change	Division
senate vote 2018-02-14#4 Edited by mackay staff on 2018-08-03 16:00:03	Title Bills — Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Bill 2017; in Committee Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Bill 2017 - in Committee - Criminal offences Description ~~<p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>~~ The majority voted in favour of an [amendment](https://www.openaustralia.org.au/senate/?gid=2018-02-14.70.1) introduced by Senator [Stirling Griff](https://theyvoteforyou.org.au/people/senate/sa/stirling_griff) (SA), ,which means it succeeded. Senator Griff [explained that](https://www.openaustralia.org.au/senate/?gid=2018-02-14.70.1): > This amendment introduces three new offences into the Commonwealth Criminal Code with respect to the non-consensual sharing of intimate images—namely, knowingly or recklessly producing intimate images without consent, knowingly or recklessly sharing intimate images without consent, and threatening to take and/or share intimate images without consent, irrespective of whether or not those images exist. These offences make it clear that it is the victim's consent that has paramount consideration and not whether the alleged perpetrator intended to cause harm. These take into consideration the final recommendations of the Senate inquiry into the phenomenon known as revenge porn. ### What does the bill do? The bill [was introduced to](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/s1113): *** 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](https://en.wikipedia.org/wiki/Civil_law_(common_law)), not a [criminal one](https://en.wikipedia.org/wiki/Criminal_law_of_Australia). Read more in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd074).

~~<p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>~~
The majority voted in favour of an [amendment](https://www.openaustralia.org.au/senate/?gid=2018-02-14.70.1) introduced by Senator [Stirling Griff](https://theyvoteforyou.org.au/people/senate/sa/stirling_griff) (SA), ,which means it succeeded.
Senator Griff [explained that](https://www.openaustralia.org.au/senate/?gid=2018-02-14.70.1):
> *This amendment introduces three new offences into the Commonwealth Criminal Code with respect to the non-consensual sharing of intimate images—namely, knowingly or recklessly producing intimate images without consent, knowingly or recklessly sharing intimate images without consent, and threatening to take and/or share intimate images without consent, irrespective of whether or not those images exist. These offences make it clear that it is the victim's consent that has paramount consideration and not whether the alleged perpetrator intended to cause harm. These take into consideration the final recommendations of the Senate inquiry into the phenomenon known as revenge porn.*
### What does the bill do?
The bill [was introduced to](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/s1113):
* *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](https://en.wikipedia.org/wiki/Civil_law_(common_law)), not a [criminal one](https://en.wikipedia.org/wiki/Criminal_law_of_Australia).
Read more in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd074).