Image-based abuse is commonly referred to as revenge porn. This involves sharing or threatening to share intimate images or videos of a person without their consent. This behaviour is a serious criminal offence across all Australian jurisdictions, reflecting the law’s commitment to protecting privacy and dignity in the digital age.

Each state and territory has introduced legislation targeting image-based abuse, with penalties that may include imprisonment, fines, and apprehended violence orders. This article explains what revenge porn legally means, how consent and intent are assessed, the differences between state laws, and the potential penalties for offenders. It also highlights victims’ rights and the legal avenues available for protection.

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What Is Considered Revenge Porn Under Australian Law?

Legal Definitions: Intimate Image and Private Sexual Material

Under Australian law, revenge porn covers the sharing, distribution, or threat to share intimate material without consent.

In NSW, an ‘intimate image’ is defined under section 91N of the Crimes Act (NSW) as a visual depiction of a person’s private parts or of them engaged in a private act, such as undressing, using the bathroom, or participating in sexual activity. The definition also includes digitally altered or fabricated images, like “deepfakes”, that make it appear someone is performing a sexual act even when they are not.

At the national level, the Criminal Code Act 1995 (Cth) defines “private sexual material” as images or videos depicting, or implying, a person engaging in a sexual pose or activity in circumstances where they would reasonably expect privacy. These broad definitions form legislative foundations for image-based abuse offences across all of Australia.

Sextortion and Threat-Based Offending

Sextortion is a serious form of image-based abuse where an offender threatens to share intimate images or videos unless the victim meets specific demands, such as paying money, sending more explicit content, or performing sexual acts. This conduct is treated as a criminal offence in every Australian jurisdiction, carrying penalties of up to several years’ imprisonment under both state and federal law.

Authorities, including the Australian Federal Police, report a sharp rise in sextortion cases, often linked to online scams and social media exploitation. Victims are urged not to comply with demands and to report the offence to the police.

Harass, Menace or Cause Offence: The Federal Threshold

Under federal law, for an image-based abuse offence to be established, prosecutors must prove the offender intended to harass, menace, or cause offence; this is a key threshold under the Criminal Code Act 1995 (Cth). Courts assess this intent by considering the context, motive, and effect on the victim.

Whether conduct is “offensive” is judged against reasonable community standards, taking into account factors such as artistic, medical, or educational purposes. The term “menace” extends beyond direct threats and can include implied pressure, coercion, or intimidation, particularly where the offender exploits a position of trust, authority, or emotional influence over the victim.

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Revenge Porn Laws by State and Territory

NSW

Revenge porn offences in NSW are covered by Part 3, Division 15C of the Crimes Act 1900 (NSW). The law makes it an offence to record, distribute, or threaten an intimate image of a person without their consent. Maximum penalties include three years’ imprisonment and/or a $11,000.00 fine. Courts may also order the offender to take reasonable steps to remove or delete the image. Consent and intent are central; offenders must have knowingly shared or threatened to share the image without permission.

Victoria

In Victoria, these offences fall under sections 41DA-41DB of the Summary Offences Act 1966 (VIC). It is a crime to intentionally distribute or threaten to distribute an intimate image without consent, or to fail to comply with a court order to remove such material. Penalties include up to two years’ imprisonment. The law applies to both physical and digital content and covers altered or fabricated images. Victims can also apply for intervention orders to restrict the offender’s behaviour.

Queensland

Queensland criminalises revenge porn under section 223 of the Criminal Code Act 1899 (QLD). It is an offence to distribute, or threaten to distribute, intimate images or recordings without consent, or to do so with intent to cause harm. The maximum penalty is three years’ imprisonment. Queensland’s legislation specifically recognises digital manipulation, including deepfakes. Courts have the power to order the destruction of the images and restrict further contact between the offender and the victim.

South Australia

In South Australia, image-based abuse is governed by section 26C of the Summary Offences Act 1953 (SA). It is illegal to distribute or threaten to distribute an invasive image without consent, or to do so intending to cause harm or distress. The maximum penalty is two years’ imprisonment for distribution and one year for threats. SA Police may also issue take-down notices requiring the immediate removal of intimate content from online platforms or devices.

Western Australia

WA regulates revenge porn under the Criminal Code Act Compilation Act 1913 (WA). The law prohibits the distribution or threat to distribute intimate images without consent, regardless of motive. The offence carries a maximum penalty of three years’ imprisonment and an $18,000.00 fine. WA courts can also issue “restraining orders” to prevent continued harassment and compel offenders to delete or surrender the material.

Tasmania

Tasmania addresses image-based abuse through the Criminal Code Act 1924 (TAS). The offence covers the non-consensual sharing or threatening to share intimate images or recordings. Penalties can reach three years’ imprisonment. The legislation also applies to altered images and covers both electronic and printed formats. Courts may order offenders to remove content or restrict internet use as part of sentencing or probation conditions.

Australian Capital Territory

In the ACT, revenge porn is criminalised under section 72D of the Crimes Act 1900 (ACT). The law makes it an offence to distribute or threaten to distribute intimate images without consent, with a maximum penalty of three years’ imprisonment. The ACT legislation also allows the court to make image-removal orders and allows victims to seek protection orders alongside criminal prosecution.

Northern Territory

The Northern Territory’s image-based abuse laws appear in section 208AB of the Criminal Code Act 1983 (NT). It is an offence to record, distribute, or threaten to distribute an intimate image of another person without consent. The maximum penalty is three years’ imprisonment. The NT legislation recognises electronic distribution via social media, messaging, or cloud services, and police can issue take-down directions to ensure immediate removal of the material.

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What Are the Penalties for Image-Based Abuse?

Typical Sentences for Conviction

Penalties for image-based abuse vary across Australia but are treated as serious criminal offences in every jurisdiction. A conviction can result in a criminal record, substantial fines, or imprisonment. Courts may also impose restraining orders, no-contact conditions, or orders requiring offenders to delete or remove images from all platforms and devices. Sentencing takes into account factors such as intent, the extent of distribution, the level of harm caused to the victim, and whether threats or coercion were involved. Repeat or revenge-motivated offenders face harsher penalties.

Does Revenge Porn Stay on Your Criminal Record?

Yes, a conviction for a revenge porn or image-based abuse offence will generally result in a permanent criminal record. This record is accessible to police, courts, and authorised agencies and can have serious long-term consequences. Individuals with such convictions may face difficulties obtaining employment, specifically in roles involving technology or vulnerable people. Individuals with these convictions may also be denied overseas visas or travel permissions due to character assessments. Even where imprisonment is not imposed, the stigma attached to a conviction can severely impact reputation, relationships, and future opportunities. Legal advice should always be sought before entering a plea or responding to any charge.

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Legal Defences to Revenge Porn Charges

Consent and Context

A key issue in defending a revenge porn charge is whether the accused had the victim’s consent to share or possess the intimate material. Consent must be explicit, informed, and ongoing; it can be withdrawn at any time, even if the image was initially shared willingly. Sharing content beyond the original agreement constitutes a breach of consent. Courts will also consider the context, such as the nature of the relationship and communication between parties. Importantly, a mistaken belief in consent is not always a valid defence, particularly if that belief was unreasonable or unsupported by clear evidence.

Lack of Intent or Knowledge

Another possible defence is the absence of intent or knowledge. To secure a conviction, prosecutors must prove that the accused knowingly or intentionally distributed, threatened to distribute, or possessed intimate material without consent. In some cases, the accused may have been unaware that the image or video was shared, for example, if a device was hacked, accessed by a third party, or automatically synced to cloud storage without their knowledge. Similarly, if someone else used the accused’s phone, social media account, or email to share the content, responsibility may not attach. Demonstrating a genuine lack of control or awareness can form part of a valid defence.

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Law Reform and the Rise of Deepfake Legislation

Expansion to Synthetic Media

Australia is increasingly expanding image-based abuse laws to address the rise of deepfake pornography, which is digitally altered or AI-generated sexual images depicting a person without consent. Several states have updated their definitions of intimate image to include synthetic or manipulated material, ensuring offenders cannot avoid prosecution by claiming the content is artificial. At the federal level, the Criminal Code Amendment (Deepfake Sexual material and Synthetic Media) Bill 2024 was introduced to strengthen national offences and align with state laws. This reform recognises the growing harm caused by AI-generated content and criminalises both the creation and distribution of deepfake sexual material without consent.

Future Law Reform and Public Pressure

Rising public concern and a surge in complaints to police and the eSafety Commissioner are driving stronger legal protections against image-based abuse across Australia. In states such as NSW and SA, sentencing guidelines are being reviewed to introduce tougher penalties, broader definitions of consent, and faster removal processes for intimate material posted online. Public advocacy groups have also called for enhanced victim support and national consistency across legislation. These reforms reflect growing recognition that digital privacy violations cause significant psychological harm and that the law must evolve to address emerging technologies and online exploitation effectively.

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FAQs About Revenge Porn in Australia

Are deepfake nudes included in revenge porn laws?

Yes, deepfake nudes are now recognised under Australian image-based abuse laws. Most states and territories have updated their definitions of Intimate image to include synthetic or altered material, ensuring offenders cannot avoid liability by claiming the content is artificial. At the federal level, national offences are expanded to criminalise deepfake pornography. Penalties mirror traditional revenge porn offences, with imprisonment of up to three years and potential court orders for content removal.

Can you be charged with revenge porn if the image was deleted?

Yes. The offence occurs at the moment an intimate image is recorded, shared, or threatened to be shared without consent. Deleting the image later does not erase the criminal act. Even if the content was removed before anyone viewed it, police can still prosecute based on digital evidence, witness statements, or recovered files. The court may consider deletion as a mitigating factor during sentencing, but it does not prevent a conviction. Offenders may also face orders to permanently destroy all copies, including backups or cloud storage. Attempting to conceal or delete evidence after police involvement can lead to additional offences for obstruction or tampering.

Can someone be charged for threatening to post intimate images?

Yes, threatening to distribute intimate images without consent is a criminal offence across all Australian jurisdictions, even if the images are ever shared. This form of threat-based offending, commonly known as sextortion, is treated as seriously as actual distribution. The threat may involve demands for money, further images, or other forms of coercion. Courts assess both explicit and implied threats, such as statements, messages, or online posts intended to intimidate or control the victim. Convictions can result in imprisonment of up to three years, restraining orders, and mandatory removal of any related material. Victims are urged to contact police or the eSafety Commissioner immediately.

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Need Help With a Revenge Porn Charge in Australia?

Revenge porn and image-based abuse charges are serious criminal matters that can lead to imprisonment, a permanent criminal record, and long-term reputational damage. Even a first-time offence can have devastating personal and professional consequences. Having experienced legal representation is essential to protect your rights and achieve the best possible outcome. A skilled criminal defence lawyer can help challenge the evidence, negotiate, or argue for reduced penalties.

If you or someone you know has been accused of sharing or threatening to share intimate material, contact Faraj Defence Lawyers.

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