Linda Burney (Barton, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

I rise with my colleagues to support the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2018. I acknowledge, as other people have done, all of those who have been involved in drafting this bill and, in particular, the women and men that have been so brave in their advocacy for making this bill a reality today.

Labor will support this bill, and we also support the amendment that is being suggested. We know that this bill will amend the Enhancing Online Safety Act 2015. It will prohibit posting, or threats to post, an intimate image on social media without consent. It will establish a complaints and objection system to be administered by the eSafety Commissioner. It will empower the commissioner to issue removal notices and other remedial orders and will establish a civil penalty regime, which I think is one of most powerful aspects of this bill.

Labor welcomes this bill. In supporting this bill we recognise that the sharing of intimate images causes humiliation, distress and absolutely real harm. It not only inflicts psychological harm but also affects relationships and employment, pervading all aspects of one's life. It is difficult to imagine the fear, shame, anxiety and humiliation, but it is very real. Many of us would know people that have been affected, who were in what they thought was a trusted relationship only to find that that trust has been breached. Perhaps that's the most difficult thing for so many people. We can all understand and have had experiences perhaps not in this sphere, but of having our trust abused. It is not something that is easy to come to terms with.

In the day and age we now live in, we know these kinds of images can reach thousands, if not millions, around the world. It seems to me that part of the aim for this bill is about education and, getting young people to understand that what you post is not private and can never go away. This bill sends a clear message to the community and to young people: the sharing of intimate images without consent will not be tolerated in our community. The non-consensual sharing of intimate images is a breach of trust and of privacy, as I said.

As the shadow minister for preventing family violence I emphasise that it is a serious form of abuse and a form of coercive control. Women are more likely than men to be victims of the non-consensual sharing of intimate images. The effect on women is significant, given that one in 10 Australians have had a nude or semi-nude image distributed online or sent to others without their permission. There are many misleading connotations that come with the term 'revenge porn'—that is, it is an act of vengeance and is somehow justified. It is not. Porn trivialises the act of abuse and implies there was some consent, and there is not. Let us be clear: the victims are never to blame, and the sharing of non-consensual intimate images is a serious form of abuse which inflicts grave harm upon those that have been affected.

All abuse is concerning. All image based abuse is concerning. In the context of family or domestic violence, reports from groups such as the Women's Legal Service New South Wales or Victims Services have been particularly concerning. We now know intimate images are being used in abusive relationships as a mechanism of power and control. In some instances women are being coerced to stay in relationships out of fear, shame or humiliation that these images could be shared. We've heard the threat of sharing intimate images used as a means of pressuring women to settle disputes in Family Court proceedings. Image based abuse represents an emerging and escalating policy area in the prevention of family violence. We welcome the work that has been done on this.

I finish by saying that, by criminalising image based abuse, we are saying that it is no less serious than any other form of abuse. I think that is a really important point to make in the passage of this bill. This is grave, has serious impacts and harms so many people. We know that. Labor called on the government to make the non-consensual sharing of intimate images a crime, and we welcome the government's cooperation. It has been a big effort for many, and education—teaching the importance of respectful and healthy relationships—is part of this discussion. Once again, Labor welcomes this particular piece of legislation.

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