Senate debates
Wednesday, 14 February 2018
Bills
Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2017; In Committee
10:09 am
Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Hansard source
I'll just cite part of the bill before us, which states:
(g) an ordinary reasonable person would consider the post acceptable, having regard to the following matters:
(i) the nature and content of the intimate image;
(ii) the circumstances in which the intimate image was posted;
(iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the depicted person;
(iv) the degree to which the posting of the intimate image affects the privacy of the depicted person;
(v) the relationship between the end-user and the depicted person;
All these things would need to be taken into account. I can't really give what would in effect be a ruling, which would be the place of the Federal Court if a matter was brought forward, when it would have regard to the particular matters which I've just cited.
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