Territory Stories

Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018

Details:

Title

Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018

Other title

Tabled paper 650

Collection

Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT

Date

2018-03-13

Description

Tabled by Ngaree Ah Kit

Notes

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.

Language

English

Subject

Tabled papers

Publisher name

Legislative Assembly of the Northern Territory

Place of publication

Darwin

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C00042

Parent handle

https://hdl.handle.net/10070/294464

Citation address

https://hdl.handle.net/10070/396375

Page content

Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 26 made, that is more positive for a client in trying to reduce the harm and trauma, and to get on a better path where there is some healing.49 3.40 Similarly, the NTLRC Report pointed out that: The fundamental issue for most individuals faced with publication of intimate images is that there is both an ongoing affront to their dignity and an ongoing invasion of their privacy. The continuing nature of the affront (open to a large portion of the family, friends and work colleagues of the victim and, often, to the world at large) is of particular importance in establishing appropriate remedies. Further, we live in a digitally-connected world where publication is instant, as is the ability to share the image. The remedies for victims must match this environment. In such cases, every minute counts.50 3.41 The NT Legal Aid Commission submitted that, as drafted, the Bill fails to adequately address this important issue 51 and proposed that it should be amended to give effect to Recommendation 7 of the NTLRC Report: The Northern Territory Parliament should enact appropriate legislation to establish a statutory based administrative scheme that provides for the rapid issue of take-down and non-publication notices in relation to intimate images that have been posted without consent. Alternatively, should the Northern Territory Parliament be of the view that such an administrative scheme is not appropriate, it should enact appropriate legislation to empower the Northern Territory Police, or the individual whose intimate image has been posted, to apply to the Local Court for an ex parte injunctive order to take-down, and not permit the republication of, the intimate image.52 3.42 The Committee heard that the proposed take-down powers in section 208AE of the Bill are based on equivalent provisions in the NSW and ACT legislation. The Department advised that while the NTLRC Recommendation was taken into account, the scope of the take-down powers in the Bill was also informed by the inherent limitations of local courts to make orders against internet providers and content hosts, many of which are located outside of Australia, and the introduction of the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2017 into the Australian Senate on 6 December 2017.53 3.43 The purpose of the Bill, which is now before the House of Representatives, is to amend the Enhancing Online Safety Act 2015 to establish a civil penalty regime for the non-consensual sharing of intimate images. According to the Explanatory Memorandum, the Bill will: Prohibit the posting, or threatening to post, of an intimate image without consent on a social media service, relevant electronic service, or a designated internet service. 49 Ms Caitlin Weatherby-Fell and Ms Vanessa Lethlean, Committee Transcript, 14 February 2018, p.12 50 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.42 51 NT Legal Aid Commission, Submission No. 1, p.5 52 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.43 53 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, p.11 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://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/committees/spsc/CCA#TP


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