Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 75

Posting an intimate image

             (1)  A person (the first person ) who is an end-user of:

                     (a)  a social media service; or

                     (b)  a relevant electronic service; or

                     (c)  a designated internet service;

must not post, or make a threat to post, an intimate image of another person (the second person ) on the service if:

                     (d)  the first person is ordinarily resident in Australia; or

                     (e)  the second person is ordinarily resident in Australia.

Civil penalty:          500 penalty units.

Consent

             (2)  Subsection (1) does not apply if the second person consented to the posting of the intimate image by the first person.

Note:          In proceedings for a civil penalty order against a person for a contravention of subsection (1), the person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers (Standard Provisions) Act 2014 ) .

Depiction of second person without attire of religious or cultural significance

             (3)  Subsection (1) does not apply if:

                     (a)  the intimate image is covered by subsection 15(4) because it depicts, or appears to depict, the second person without particular attire of religious or cultural significance; and

                     (b)  the first person did not know that, because of the second person's religious or cultural background, the second person consistently wears that attire whenever the second person is in public.

Note:          In proceedings for a civil penalty order against a person for a contravention of subsection (1), the person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers (Standard Provisions) Act 2014 ) .

Exempt provision of the intimate image

             (4)  Subsection (1) does not apply if:

                     (a)  in the case of a post of the intimate image--the resulting provision of the intimate image on the service is an exempt provision of the intimate image; or

                     (b)  in the case of a threat to post the intimate image--assuming that the threat had been carried out, the resulting provision of the intimate image on the service would be an exempt provision of the intimate image.

Note:          In proceedings for a civil penalty order against a person for a contravention of subsection (1), the person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers (Standard Provisions) Act 2014 ) .



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