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
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.
Legislative Assembly of the Northern Territory
Examination of the Bill 33 both; significantly less than that proposed for the distribute or threaten to distribute offences in the Bill. 3.63 While section 12(1) of the Surveillance Devices Act is more specific and carries a maximum of 250 penalty units or 2 years imprisonment, it is not applicable to the surreptitious recording of a person in a public place. Furthermore, it is limited to the recording of activities to which the defendant is not a party, thereby precluding situations where the person doing the recording is also involved in the activity.83 3.64 The Department advised that should the Committee be of a mind to recommend the introduction of an offence relating to the non-consensual recording of intimate images: AGD emphasises that further stakeholder consultation, as to the scope of such an offence and consideration of whether any further related legislative amendment (for example regarding application of section 125B of the Criminal Code on the practice of sexting) is desirable, is required. It is beyond the scope of the NT Bill to make such an amendment. Any recommendation should be premised as being for longer term consideration by the Government.84 Committees Comments 3.65 The Committee considers the lack of adequate legislation regarding the nonconsensual recording of intimate images should be addressed. With regards to the NTLRCs inquiry, the Committee acknowledges that its terms of reference were limited to the investigation and examination of the need for law reform in relation to the practice of using intimate personal material to intimidate, hurt or extort others.85 Nevertheless, the Committee notes that Recommendation 2 of the NTLRC Report would appear to acknowledge the breadth of the issue: The Northern Territory Parliament should enact appropriate legislation to protect all persons resident or present in the Northern Territory from lasting harm or distress caused to any person by what is colloquially known as revenge porn, but more accurately described as the non-consensual sharing of intimate images. 3.66 While the Committee also accepts that the National Principles do not specifically consider offences relating to the non-consensual recording of intimate images, the evidence indicates that it is generally accepted that the term non-consensual sharing of intimate images encompasses recording, distributing and threatening to distribute intimate images without consent. Indeed, in many instances, non-consensual recording is a pre-cursor to the offence of distributing or threatening to distribute intimate images without consent. 3.67 Given the significant harm that can ensue from the non-consensual recording of intimate images, the Committee is of the view that this conduct should be 83 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, p.15 84 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, p.15 85 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 https://parliament.nt.gov.au/committees/spsc/CCA#TP https://parliament.nt.gov.au/committees/spsc/CCA#TP 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
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