Even in states and territories where there is no specific law about taking photos or videos of private parts or activities, there are other laws that can apply. Note that if the photo or video is sexual, your school may feel that they have to report it to child protection services or to the police. Publishing an image like this could also be considered defamation. Laws have recently been passed in Victoria which make it a crime to share, or threaten to share, an intimate photo of someone without their consent. If you're under 25, or an adult asking on behalf of a person under 18, you can send your questions to Lawmail and we will email an answer to you in under 10 days.
It is illegal to publish the private conversation whether or not you were a part of it—for example, by posting it on YouTube. But in some states and territories, a conversation can still be considered private when a third person overhears it, as long as those involved in the conversation know that the third person can hear it. This page explains the laws that apply when you use the photo or recording functions on your phone. If the police get involved, you should contact the Legal Aid service for your State or Territory as soon as possible for free legal advice. This law applies throughout Australia. It is usually best to: In some states, the penalty is higher if the victim is a young person. The maximum penalty for these crimes is 1 to 5 years in jail depending on the state or territory you live in. For example, even though most beaches are public places, you can get in trouble for taking invasive photos of people in their swimmers without their permission. These places can make rules that ban people from photographing or recording any part of the space or the people within it unless they can be seen from a public space. Talk to your teacher, school counsellor or principal Most schools have anti-bullying guidelines that cover cyber bullying. You can report this to the police or consider applying for a protection order see below. If someone is threatening or scaring you, please contact the police immediately. Send your questions to Lawmail Can't find the info you are looking for? There are different rules for photographing or recording things depending on whether you are in a public place or on private property. You can tell them that posting it online or sending it to others could be a crime. Private property is a space where the owner can set rules or restrict entry. There are some things that you are never allowed to photograph or record no matter where you are. If you're under 25, or an adult asking on behalf of a person under 18, you can send your questions to Lawmail and we will email an answer to you in under 10 days. If someone uses the internet to record or live stream a person without their permission, this could also be a crime. The maximum penalty for this crime is up to 3 years in jail. For example, in October , a 20 year old guy in NSW posted six nude photos of his ex-girlfriend on Facebook as revenge for breaking up with him. The maximum penalty for stalking can include jail sentences of 10 years or more, depending on the state or territory you live in. Using a phone or internet service to bother someone could be a crime. A public place is a social space that is open and accessible to all, like a park. It also explains what you can do to stay out of trouble and your options if someone has an inappropriate photo or video of you. When a person tries to blackmail somebody by threatening to publish photos or videos, other laws can apply.
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