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    Regulating the non-consensual sharing of intimate images ('revenge pornography') via a civil penalty regime: a sex equality Perspective

    81140.pdf (356.4Kb)
    Access Status
    Open access
    Authors
    Evans, Michelle
    Date
    2019
    Type
    Journal Article
    
    Metadata
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    Citation
    Evans, M. 2019. Regulating the non-consensual sharing of intimate images ('revenge pornography') via a civil penalty regime: a sex equality Perspective. Monash University Law Review. 44 (3): pp. 602-620.
    Source Title
    Monash University Law Review
    ISSN
    0311-3140
    Faculty
    Faculty of Business and Law
    School
    Curtin Law School
    Remarks

    Copyright © 2018 Monash University

    URI
    http://hdl.handle.net/20.500.11937/81079
    Collection
    • Curtin Research Publications
    Abstract

    The ‘non-consensual sharing of intimate images’, more commonly known as ‘revenge pornography’, is a widespread issue, which can have devastating consequences for victims. However, it is an area where the law has only just started responding to technology, with legislative reforms in several states including South Australia, Victoria, New South Wales, the Australian Capital Territory and Western Australia. This paper provides an overview of relevant state and federal laws. Its main focus is to critique the most recent Commonwealth legislative reforms to regulate the nonconsensual sharing of intimate images via a civil penalties regime. These reforms were made by the Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Act 2018 (Cth), which amended the Enhancing Online Safety Act 2015 (Cth). This paper critiques the civil penalties regime from a sex equality perspective, and makes suggestions to improve the reforms so that victims are better protected and empowered.

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