Recommendations
Recommendation 1
5.6 The committee recommends that Australian
governments use the phrase 'non-consensual sharing of intimate images' or
similar when referring to the phenomenon colloquially known as 'revenge porn'
in legislation and formal documentation.
Recommendation 2
5.18 Taking into account the definitional issues
discussed in this report, the committee recommends that the Commonwealth
government legislate, to the extent of its constitutional power and in
conjunction with state and territory legislation, offences for:
- knowingly or recklessly recording an intimate
image 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.
Recommendation 3
5.19 The committee recommends that the states and
territories enact legislation with offences the same or substantially similar
to those outlined in Recommendation 2, taking into account relevant offences
enacted by the Commonwealth government.
Recommendation 4
5.25 The committee recommends that the Commonwealth
government consider empowering a Commonwealth agency to issue take down notices
for non-consensually shared intimate images.
Recommendation 5
5.27 If not already in existence, the committee
recommends that the Commonwealth government establish a formal mechanism by
which Commonwealth agencies and internet and social media providers regularly
engage on issues relating to non-consensual sharing of intimate images.
Recommendation 6
5.31 The committee recommends that the Commonwealth
government give further consideration to the Australian Law Reform Commission's
recommendations regarding a statutory cause of action for serious invasion of
privacy.
Recommendation 7
5.36 The committee recommends that the Commonwealth
government implement a public education and awareness campaign about
non-consensual sharing of intimate images for adults by empowering and
resourcing the Office of the Children's eSafety Commissioner and the Australian
Federal Police to build on their existing work with children in relation to
cybersafety.
Recommendation 8
5.41 The committee recommends that that all Australian police
undertake at a minimum basic training in relation to non-consensual sharing of
intimate images, in particular any new offences in the relevant jurisdiction.
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