New state laws criminalising the sharing or recording of intimate images or videos without consent are expected to work alongside federal powers to direct internet hosts and others to delete those images or videos, the NSW government says.
NSW Attorney-General, Mark Speakman, the MP for Cronulla, introduced laws into Parliament this week aimed aimed at "manipulative creeps and domestic violence offenders" who distribute images to harm and humiliate.
The laws, which include new powers for courts, would come into effect immediately if passed.
"Whether it be spurned lovers, domestic violence offenders or pornographers, people are humiliating, coercing and embarrassing those who provided private images, perhaps consensually to start with, but not consenting to their dissemination around the world," Mr Speakman said.
"The impact on victims has been enormous," he said.
The Crimes Amendment (Intimate Images) Bill 2017 follows an agreement last week by federal and state governments about principles for national legislation around so-called revenge porn and image manipulation.
Mr Speakman said the state law would close a loophole in the law where the motivation of those posting or sending intimate images was not for sexual gratification.
Under the proposed law, the motivation of the offending party would not be relevant.
“We are drafting the net as widely as possible,” Mr Speakman said.
For an offence to be committed, those recording or distributing an image only has to be aware or, or reckless to the possibility, that the subject of the image has not consented.
The law will also criminalise threatening to record or distribute an image, and penalties will be up to three years in prison. An intimate image is defined as a photo or video of a person's private parts or of a person engaged in a private act that a reasonable person would expect to be private.
Macquarie University student Noelle Martin stood alongside Mr Speakman at the announcement of the bill.
Ms Martin became the victim of image manipulation after photographs of her were taken from social media and doctored to appear in pornographic material.
"My images were altered where my face was photo-shopped on the bodies of naked adult actresses engaged in sexual intercourse," Ms Martin said.
Ms Martin said she went to the police, but was told that she had to handle the situation herself.
"I felt immense fear, shame, hopelessness and isolation," she said.
Mr Speakman said the NSW laws are intended to complement a proposed civil penalties regime introduced at the federal level. The federal laws are likely to allow directions to be made to internet hosts and perpetrators to remove material from websites," he said.
And although the state laws could capture young people sharing images, the Attorney-General said they would not be the focus.
"The protection we will have is that a prosecution against a young person will only be possible with the consent of the Director of Public Prosecutions.
"So we don't want to criminalise stupid, reckless, naive teenage behaviour. It will be in the books though so that in severe cases the DPP can take action."
Over the weekend, the federal government called for submissions on a civil penalties regime, and on extra powers to be given to the Safety Commissioner.
