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.