House debates

Thursday, 16 August 2018

Bills

Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2018; Second Reading

10:47 am

Photo of Andrew GeeAndrew Gee (Calare, National Party) Share this | Hansard source

I rise to make a brief contribution in support of the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2018. The rise of the internet has by and large brought great benefits to our society. It's now more convenient to pay our bills, do the banking, find out what's happening in the world and keep in touch with family and friends. These things are all easier. I think, on balance, we are better off for them. Little more than a decade ago, we didn't have Facebook and we were just beginning to search with Google. A decade ago, the first iPhone was launched, and it transformed the mobile phone into an app-driven computer and connected it to a camera. Nowadays, people use their phones to capture images of every occasion. It's now more common for someone to snap a picture or shoot some video with their phone than it is for them to actually make a phone call. Capturing the moment, so to speak, has become the new normal and accepted form of shared communication and belonging.

Amongst the millions of images captured in Australia every day, many will be shared and enjoyed, some will be celebrated and, sadly, some will take on a far more serious meaning and could be the subject of threats, intimidations and bullying. The threat of regret and potential embarrassment, humiliation, shame or something worse is all the greater in the case of intimate or private images. Whilst some might suggest that people just shouldn't share images, the reality in the world we live in today is that this is what happens and this is what people do. As I've noted, these days everyone has a camera. Whilst people may have regrets when these images are shared, it's just a part of life. Unfortunately, video images and the stills can be very public and hurtful evidence of what happens when images are taken with or without consent, and they can be used against the subject of those images.

I'm no fan of the nanny state, but it is our job as lawmakers to evaluate where we as a society are with this issue and to act without prejudice to protect the interests of the community as best we can. Given that victims can't always rely on other parties to act in good faith, we have to create rules and mechanisms to limit the potential harm. A huge amount of damage can be wrought by the publication of intimate images. It can devastate someone for the rest of their lives. The consequences can be extremely serious and dire. It can devastate someone not just within their social circles but within the wider community. It can potentially cruel their chances of employment and dog them throughout their days—let alone the criminal aspect and the spectre of the use of these images for criminal purposes, blackmail, bullying or intimidation. This is something that society shouldn't tolerate.

I too am glad to see that the elements of this bill have been incorporated into the Criminal Code Act. I think it's appropriate, and the fact that the parliament is willing to legislate these elements into the Criminal Code sends the message that the Australian people do take this issue seriously and that there are serious consequences for flouting the rules. Society and the community demand it, because the humiliation and the hurt that can arise from this behaviour is something that you wouldn't wish upon anyone.

I commend all the parties who've worked on this bill and put it together. It is in the community interest that we've done this. It's a timely piece of legislation, because a perpetrator can publish harmful images in seconds, yet cause damage which can last a lifetime. This bill sends the clear message that, if you're going to do that, you'll be hit with the full force of the law—indeed, the full force of the criminal law. I think that's really important, and I commend this bill to the House.

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