Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018
Tabled paper 650
Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT
2018-03-13
Tabled by Ngaree Ah Kit
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
English
Tabled papers
Legislative Assembly of the Northern Territory
Darwin
application/pdf
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https://www.legislation.gov.au/Details/C2019C00042
https://hdl.handle.net/10070/294464
https://hdl.handle.net/10070/396375
Provisions of the Bill 13 2 Provisions of the Bill Background to the Bill 2.1 In presenting the Bill, the Attorney-General and Minister for Justice noted that the non-consensual sharing of intimate images, commonly referred to as revenge porn, is an increasingly concerning and increasingly prevalent behaviour both in Australia and overseas that has been facilitated by advances in technology and the rise in a range of social media platforms.2 2.2 In response to the growing concern regarding the capacity of the criminal law to address this issue, in November 2015 the Senate referred the matter to the Legal and Constitutional References Committee for inquiry and report. The Committees report, Phenomenon colloquially referred to as revenge porn, was published in February 2016 and recommended that the states and territories enact legislation with specific offences for: knowingly or recklessly recording an intimate image without consent; knowingly or recklessly sharing intimate images without consent; and threatening to take and/or share intimate images without consent, irrespective of whether or not those images exist.3 2.3 The previous Northern Territory Attorney-General and Minister for Justice, the Hon John Elferink MLA, subsequently commissioned the Northern Territory Law Reform Committee to: investigate, examine and report on law reform in relation to the practice of using intimate personal material to intimidate, hurt or extort others.4 Following the change of Government, the Law Reform Committees Report on the Non-Consensual Sharing of Intimate Images (the NTLRC Report) was released in May 2017. The report made seven recommendations which, as noted by the Attorney-General and Minister for Justice, the Territory Labor government broadly supports.5 2.4 In May 2017, state and territory Attorneys-General, Justice and Police Ministers endorsed the National Statement of Principles Relating to the Criminalisation of NonConsensual Sharing of Intimate Images (the National Principles). Developed by the cross-jurisdictional National Cybercrime Working Group and established under the former Law, Crime and Community Safety Council, the National Principles build on 2 Parliamentary Record, (Hansard) and Minutes of Proceedings, 13th Assembly, Debates, 23/11/2017, https://parliament.nt.gov.au/__data/assets/pdf_file/0017/463202/DEBATES-DAY-3-23-NOVEMBER2017.pdf, p.4 3 Senate Legal and Constitutional Affairs References Committee, Phenomenon colloquially referred to as revenge porn, Commonwealth of Australia, Canberra ACT, February 2016, p.vii 4 Northern Territory Law Reform Committee, Report on the Non-Consensual Sharing of Intimate Images, Report No. 43, November 2016, https://justice.nt.gov.au/attorney-general-and-justice/law/report-on-the-nonconsensual-sharing-of-intimate-images, p.6 5 Parliamentary Record, (Hansard) and Minutes of Proceedings, 13th Assembly, Debates, 23/11/2017, https://parliament.nt.gov.au/__data/assets/pdf_file/0017/463202/DEBATES-DAY-3-23-NOVEMBER2017.pdf, p.4 https://parliament.nt.gov.au/__data/assets/pdf_file/0017/463202/DEBATES-DAY-3-23-NOVEMBER-2017.pdf https://parliament.nt.gov.au/__data/assets/pdf_file/0017/463202/DEBATES-DAY-3-23-NOVEMBER-2017.pdf https://justice.nt.gov.au/attorney-general-and-justice/law/report-on-the-non-consensual-sharing-of-intimate-images https://justice.nt.gov.au/attorney-general-and-justice/law/report-on-the-non-consensual-sharing-of-intimate-images https://parliament.nt.gov.au/__data/assets/pdf_file/0017/463202/DEBATES-DAY-3-23-NOVEMBER-2017.pdf https://parliament.nt.gov.au/__data/assets/pdf_file/0017/463202/DEBATES-DAY-3-23-NOVEMBER-2017.pdf