Is there a gap in NSW ‘revenge porn’ laws?
On 3 March 2016, the NSW Law and Justice Committee (‘the Committee’) is expected to release its report on remedies for the serious invasion of privacy, including for so-called ‘revenge porn’.
The phrase ‘revenge porn’ has come to be associated with the increasingly prevalent and disturbing practice of a disgruntled ex-partner distributing by electronic means, without consent of the former partner (the victim), a picture or video exposing the genital or anal region of the victim (or in the case of a female, her breasts) or depicting the victim engaged in a sexual act. Typically, the picture or video has been initially taken by, or sent to an ex-partner with the consent of the victim, but in some cases the image or video may have been taken surreptitiously and without consent. The images are published and distributed with considerable ease, with specific ‘revenge porn’ websites facilitating their widespread publication.