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The new intimate image laws which will come into effect following the commencement of the Criminal Law Amendment Intimate Images Act WA on 15 Sesting amend the Criminal Code WA to do three things: create a new offence against distributing an intimate image of a person without their consent empower courts to make a rectification or 'take down' order in relation to the image criminalise the threat to distribute an intimate image.

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For example, if a person takes a photo of their young child naked in the bath and shares it with family members, they are unlikely to be charged with the new offence as this would be considered acceptable by a reasonable person.

For example, if a person takes a photo of their young child naked in the bath and shares it with family members, they are unlikely to be charged with the new offence as this would be considered acceptable by a reasonable person. Two students were suspended from an independent school in Perth's north after they admitted recording students from other schools in a sex.

The new laws do not make sexting illegal.

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A person convicted of an intimate image offence under the new laws will not become a reportable offender or go on the Sex Offender Register. The eSafety Commissioner also has relationships with international bodies and social media partners such as Facebook, Instagram and Snapchat and can assist with the removal of content hosted outside Australia. They will deal with the report in accordance with the National Cybercrime Investigation Protocols. There are a of defences and exclusions aimed at protecting conduct that is considered reasonable and socially acceptable or in the public interest, for example, a distribution: for a genuine scientific, educational or medical purpose for the purpose of legal proceedings for a media activity purpose which a reasonable person would consider acceptable having regard to a range of circumstantial factors.

It is also possible to be charged under existing Commonwealth laws if you take, keep, send, or ask for an intimate image of a person who is under the age of 18 — with or without consent. If a person is charged under the new WA laws with distributing an intimate image, the court can order that person to remove, retract, recover, delete, destroy or forfeit that image, within a specified period of time.

However, under existing Commonwealth laws it is an offence to take, keep, send, or ask for an intimate image of a person who is under the age of 18 — including an image of yourself. The full range of sentencing options are also available to the court, such as a fine, community order, or suspended sentence.

The new intimate image laws which pedth come into effect following the commencement of the Criminal Law Amendment Intimate Images Act WA on 15 April amend the Criminal Code WA to do three things: create a new offence against distributing an intimate image of a person without their consent empower courts to make a rectification or 'take down' order in relation to the image criminalise the threat to distribute an intimate image.

Under the new law, an 'intimate image' does not include images of people in circumstances in which they would not reasonably expect to be afforded privacy; for example, an image of a person in their bathers at the beach, or a model in underwear on a catwalk. The eSafety Commissioner also has an online complaints portal pdrth reporting non-consensual image sharing. It should be noted that under Commonwealth psrth, it is illegal to distribute an intimate image of a person under 18 years of age.

The new intimate image laws which will come into effect following the commencement of the Criminal Law Amendment Intimate Images Act WA on 15 April amend the Criminal Code WA to do three things: create a new offence against distributing an intimate image of a person without their consent empower courts to make a rectification or 'take down' order in relation to the image criminalise the threat to distribute an intimate image.

However, under existing Commonwealth laws it is an offence to take, keep, send, or ask for an intimate image of a person who is under the age of 18 — including an image of yourself. A person who distributes an intimate image in circumstances that a reasonable person would consider socially acceptable sexring have a defence to the new intimate image offence.

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A person can be charged with this threat offence even if they do not actually have the ability to distribute the intimate image or the image does not actually exist. The new law adds a new category of threat offence, making it a crime to threaten to distribute an intimate image sextinv another person. This includes one to one sharing, posting on social media or through the regular mailing to websites, or photocopying images and then displaying it where others can see.

Sexting is a crime when it involves a young person who is or looks sextiny they are under the age of These laws are esxting from the laws about the age of. The maximum penalty on indictment is imprisonment for three years. Will a person convicted of an intimate image offence under the new laws be prevented from getting a 'Working with Children' clearance?

However there are many other offences under WA and Commonwealth laws relating to intimate images of young people that can result in inclusion on the Sex Offender Register. It can be still or moving such as photo or a video and also includes edited images — for example, where someone's face is superimposed or photo-shopped onto eprth person's body.

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The new laws perht into effect on 15 April What is meant perh 'consent'? No, a person cannot be charged with the new offence for sending an intimate image of themselves. Will it be an offence to threaten to send an intimate image? If a person is charged under the new WA laws with distributing an intimate image, the court can order that person to remove, retract, recover, delete, destroy or forfeit that image, within a specified period of time. There are a of defences and exclusions aimed at protecting conduct that is considered reasonable and socially acceptable or in the public interest, for example, a distribution: for a genuine scientific, educational or medical purpose for the sexing of legal proceedings for a media activity purpose which a reasonable person would consider acceptable having regard to a range of circumstantial factors.

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There are also a of exclusions or exceptions, for example, where the distribution occurs in the course of: Law enforcement duties Performing a function under another law In the administration of justice. Can the court order a person to remove an intimate image from the internet?

A person convicted of an intimate image offence under the new laws will not become a reportable offender or go on the Sex Offender Register. The full range of sentencing options are also available to the court, such as a fine, community order, or suspended sentence. Under WA law, it is an offence to threaten sextinf hurt, harm or cause a detriment to another person.

Under WA law, it is an offence to threaten to hurt, harm or cause a detriment to another person. An 'intimate image' can include: an image of the person naked, partially naked, or in their underwear an image of a person engaged in a private act, such as using the toilet, showering or bathing. SEXTING SHOCK Experts say parents are being naive when it comes to sexting, with only 3% saying their kids may send or receive sexual text messages.

The eSafety Commissioner also has an online complaints portal for reporting non-consensual image sharing. Do the new laws make sexitng illegal? Can a young person be charged with a criminal offence if they share an intimate image of someone else?

A person can be charged with this threat offence even perht they do not actually have the ability to distribute the intimate image or the image does not actually exist. Do the new laws make 'sexting' illegal?

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The new offence relates only to sharing an intimate image of someone else without their consent. What is the penalty if you commit the offence? Similar laws apply in other states and under Commonwealth legislation. If the threat is made with the intention of gaining a benefit, causing a detriment, or compelling a person to do something against their will, the penalty is up to 7 years imprisonment. It can be still or moving such as photo or a video and also includes edited images — for example, where someone's face is superimposed or photo-shopped onto another person's body.

Making a complaint to the Commonwealth eSafety Commissioner non-criminal complaint The Commonwealth eSafety Commissioner can order removal of an intimate image from social media, the internet, or any other electronic service if it was posted without consent. This means that if a person is convicted of distributing an intimate image — and the image was of under the age of 18 — then they will not be granted a working with children's permit, unless particular or exceptional circumstances apply.

This includes one to one sharing, posting on social media or through the regular mailing to websites, or photocopying images and then displaying it where others can see. What happens if the person distributing or threatening to distribute the image is not in WA?

For more information about the functions of the eSafety Commissioner visit www. Distribution has a broad meaning and does not refer only to digital or electronic images and the use of social media. Can the court order a person to remove an sextihg image from the internet? The new laws do not make sexting illegal. The new offence relates only to sharing an intimate image of someone else without their sextlng.

When can someone be charged under the new intimate image laws?