Added: Latashia Aceves - Date: 17.11.2021 17:38 - Views: 41165 - Clicks: 9921
An alarming 3 in 5 Australians have experienced digital harassment and 1 in 10 had a nude image of them distributed without their consent, a study revealed. Of course, there are many instances where revenge is in fact the motivation, but the point is that it is not the only motivation for the distribution of images without consent.
Also, many images might not be pornographic at all, or may not serve the purposes of pornography. You might recall the Lara Bingle shower image some years ago that was taken non-consensually by her then lover, ex-AFL player Brendan Fevola, before then being circulated among sports teams and the media.
What are the limitations of the current laws to protect people from image-based sexual abuse? In Australia we have a patchwork of civil and criminal laws that are applicable in image-based sexual abuse cases. At the federal level we have the telecommunications legislation under the federal Criminal Code Act Cth , which makes it a criminal offence to use a carriage service to menace, harass or offend another person. Only South Australia and Victoria have specific criminal laws in place for these types of behaviours. New South Wales is currently considering possible a new criminal offences to tackle image-based sexual abuse, as is the Northern Territory and Western Australia to give victims better protection with the criminal law.
Law is always reactive. We know with murder, for instance, that we have harsh laws in place for these sorts of crimes, but people still go on to commit murder. In the same way, while we might have specific criminal offences in place for revenge pornography-type behaviours, it would be unrealistic to expect that people will stop engaging in these types of behaviours. Law is always going to be an imperfect solution. Is it a similar scenario with image-based sexual assault? There are a of barriers for victims of image-based sexual abuse.
This might be particularly pertinent for victims from particular age groups or cultural and religious backgrounds where it might be very shameful for the victim if friends, family members and the community more broadly discover such images exist, even if they never have access to them. What else do you think can be done to stop the prevalence of revenge porn in Australia?
One of the key solutions is primary prevention approaches — that is to prevent the behaviours from happening in the first place. One of the biggest challenges for law is keeping up with the rapid changes in technology. I certainly think in Australia the law has been slow to keep pace. However, the federal government has not acted yet on this proposed bill. Australia, with the exception of Victoria and South Australia, is lagging behind despite the growing awareness and attention to the harms of non-consensual imagery.
I think we could be doing more. Ballet and AFL: Not as different as you might think. Read article. Search La Trobe. Revenge porn: do Australian laws go far enough? Do you think the law is keeping pace with technology advancements?
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