You web browser may not be properly supported. To use this site and all its features we recommend using the latest versions of Chrome, Safari or Firefox

Mobile Phone

Criminal lawyer's are increasingly seeing cases of what is being described as “revenge porn” – a crime that involves disgruntled former partners posting and threatening to post inappropriate photos online of their ex-partners.

Revenge porn can become especially problematic when an individual’s compromising photos are copied and republished across the web by people unknown to the individual – making it almost impossible to remove all trace of the images.

Most people who engage in revenge porn act out of emotion – they are usually hurt and are motivated by a desire to get back at their partner – and more often than not they do not think through the consequences of their actions.

People need to be aware that this sort of conduct is actually illegal and can result in very serious criminal charges, even if they delete the post.

In Victoria and South Australia there are specific state-based laws to deal with revenge porn. In these states it is against the law to distribute an explicit image without the consent of the person. The penalty is up to two years imprisonment. In Victoria it is against the law to threaten to distribute images and those found guilty can face a penalty of up to 12 months imprisonment.

In other states, those responsible for posting inappropriate images of either adults or children online could also face Commonwealth charges.

Under the Commonwealth Criminal Code it is illegal to use a carriage service to menace, harass or cause offence – using a carriage service includes threatening to post or posting material online. The penalty is a maximum three years imprisonment if the victim is an adult and up to 15 years if the victim is under 18.

The Commonwealth Criminal Code also places obligations on internet service providers and internet content hosts to alert the Australian Federal Police if they become aware that their service can be used to access material which may be believed on reasonable grounds to be child abuse material or child pornography.

That means ISP and website operators must alert the police to such posts. It is an offence to fail to do so.

If you are convicted for engaging in revenge porn, you could end up with a criminal record that could impact on your reputation, employment prospects and travel plans.


Thank you for your feedback.

Related blog posts

Criminal Law
Snap Decision

It's fair to say the selfie and candid snaps have become staples of social media photography, and in a time where over 75% of Australians have a smartphone, everyone is their own photographer and publisher. So what’s the harm in taking a picture, or sharing it on the internet? Before you reach for your phone or camera (normally one in the same), you need to be aware of your surroundings. Whilst generally in public places you can snap away, being on private property while taking a picture without the permission of the landowner may result in charges of trespass. It also bears remembering most modern phones and cameras are also GPS enabled and “geotag” pictures taken with them. This...

Group Selfie Resized
Criminal Law
Gumtree and Stolen Goods

While advertisers may have spun “it’s a steal” into a sales pitch we are all too familiar with, if you’re not careful in the world of private sales that may be exactly what you get. Gumtree is one of the most well-known classifieds site with its primary purposes allowing people to buy and sell from each other. Whilst this gives tens of thousands of people the freedom to sell unwanted property they’ve gotten over the years, it’s increasingly becoming a quick and easier way for criminals to turn their ill-gotten gains into cash. The terms of use of Gumtree, and many sites like it, restrict their legal liability to any sales conducted over their platform including any conduct by a...

Stolen Goods
Criminal Law
Trick or Treat: Avoid a Nightmare on Halloween

Halloween has become an increasingly popular event in the Australian calendar — and has captured the imagination of lolly-loving kids to partygoers who enjoy a costumed affair. In the midst of all the excitement it can be easy to get carried away in the atmosphere. Here are a few tips to stay on the right side of the law and ensure the only fallout is a nervous visit to the dentist. An increasing amount of households are getting on board with Halloween, leaving out lollies and decorations, but there are still many who just aren’t interested in participating. If the kids are out trick or treating it’s important they know that if someone isn’t interested in handing out treats, a...

Halloween Blog Post

We're here to help

Start your online claim check now. Or, if you have a question, get in touch with our team.