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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
In February 2019, the Queensland government passed legislation criminalising the publication of ‘revenge porn.’ The Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Act 2018 amends the Criminal Code, creating three revenge porn offences consisting of the publication, without a person’s consent, of intimate images or videos of the person, or making a threat to do so.
The change follows widespread public pressure on governments to denounce the practice of sharing intimate images and videos as a form on online harassment. Revenge porn is used to blackmail the subject, to coerce them to continue a relationship or to punish them for ending a relationship. Revenge porn offences have been introduced in a number of countries and the practice has been denounced as a form of domestic violence, sexual abuse and psychological abuse.
What is revenge porn?
The Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Act 2018 defines intimate images as including:
A moving or still image that depicts
- A person engaged in a sexual act
- The genital or anal region when it is bare or covered only by underwear; or
- The bare breasts of a female; or
- An image that has been altered to appear to show any of the above.
Including an image that has been digitally obscured.
Revenge porn offences and penalties
There are now three revenge porn offences in the Criminal Code, all of which attract custodial sentences.
Distributing intimate images
Under Section 223 of the Criminal Code Act, it is an offence to distribute intimate images of a person without the person’s consent in a way that would reasonably cause the person distress. It is irrelevant whether the person distributing the images intended to cause distress or actually caused distress.
The maximum penalty for this offence imprisonment for three years.
Consent means free and voluntarily given agreement by a person with the cognitive capacity to consent. A person under 16 is incapable of giving consent for the purpose of this provision.
It is a defence to a charge under this section if the person distributing the images was doing so for a genuine artistic, educational, legal, medical, scientific or public benefit purpose and their conduct was reasonable for that purpose.
Distributing prohibited visual recordings
Under Section 227B, it is an offence to distribute prohibited visual recordings of a person without the person’s consent. Prohibited visual recordings include:
- A recording of a person engaged in a private act, in circumstances where a person would be expected to be accorded privacy;
- A recording that shows a person’s genital or anal region when it is bare or covered only by underwear, made in circumstances where a person would expect to be afforded privacy
The maximum penalty for this offence is imprisonment for three years.
Threats to distribute images or recordings
Under Section 229A of the Criminal Code, a person commits an offence if they threaten to distribute intimate images or a prohibited visual recording of a person:
- without the person’s consent; and
- in a way that would reasonably cause the person distress; and
- in a way that would reasonably cause the other person fear of the threat being carried out.
This offence attracts a maximum penalty of three years imprisonment.
For this offence, it is irrelevant whether the intimate image or recording actually exists and whether the person making the threat intends to cause fear of the threat being carried out, or actually causes such fear.
Rectification order
When a court finds a person guilty of revenge porn offences, it can order the offender to remove, delete or destroy the intimate images or prohibited visual recording involved within a stated timeframe. If the offender fails to comply with such an order, they can be found guilty of a further offence, punishable by a maximum of two years imprisonment.
If you require legal advice or representation in a criminal matter or in any other legal matter please contact Go To Court Lawyers.
faqs: - question: 'Can digitally altered images be considered intimate images under Queensland law?' answer: 'Yes, digitally altered images are covered under Queensland revenge porn laws. The Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Act 2018 specifically includes images that have been altered or digitally manipulated to appear to show a person engaged in a sexual act, or depicting bare or underwear-covered genital, anal, or breast regions. This means deepfakes or edited images designed to appear intimate fall within the definition and can give rise to criminal charges.' - question: 'Do Queensland revenge porn laws apply if the images were originally shared consensually between two people?' answer: 'Yes, Queensland revenge porn laws apply regardless of whether images were originally shared consensually. The offence under Section 223 of the Criminal Code is about distributing those images without the person''s consent at the time of distribution. If someone agreed to share intimate images privately with a partner, that does not give the recipient permission to distribute them to others. The original context of sharing is irrelevant to whether a criminal offence has occurred.' - question: 'How much does it cost to get legal advice about a revenge porn matter in Queensland?' answer: 'Go To Court Lawyers offers a fixed-fee consultation for $295, which gives you up to 30 minutes with a Queensland criminal lawyer to discuss your revenge porn matter. Whether you are the accused or a victim seeking guidance, this consultation allows you to understand your legal position, available options, and next steps. You can book directly at gotocourt.com.au or call the team to arrange an appointment at a time that suits you.' - question: 'What can a criminal lawyer do if you are charged with a revenge porn offence in Queensland?' answer: 'A criminal lawyer can provide essential assistance if you are charged with a revenge porn offence in Queensland. They can review the evidence against you, advise whether consent or lack of intent to cause distress may be relevant to your defence, represent you in court, and negotiate with prosecutors where appropriate. A lawyer can also help you understand the potential penalties, including custodial sentences, and work to achieve the best possible outcome for your specific circumstances.' - question: 'Are there urgent steps to take if intimate images have been shared without your consent in Queensland?' answer: 'Yes, acting quickly is important if intimate images have been shared without your consent. You should document evidence of the distribution by taking screenshots with timestamps before content is removed. Report the matter to Queensland Police as soon as possible, as prompt reporting strengthens your case. You can also request the platform hosting the content remove it immediately. Speaking with a criminal lawyer early ensures you understand your rights and any civil remedies available alongside the criminal complaint process.' ---