The Criminal Code (Non-consensual Sharing of Intimate Images) Bill 2018

The Criminal Code (Non-consensual Sharing of Intimate Images) Bill 2018 (the Bill) was passed by the Legislative Assembly on 13 February 2019.

The Act makes three significant amendments to the Criminal Code:

1. A new offence of distributing images without consent (section 223 of the Criminal Code);
2. Two new offences of making threats to distribute intimate images or prohibited visual recordings (section 229A Criminal Code); and
3. Rectification orders which empower sentencing courts to direct new offenders convicted of relevant existing Criminal Code offences and the new offences to remove or delete intimate images or prohibited visual recordings.

These provisions commenced on 21 February 2019.

In our submission on the Bill, QLS raised concerns with the conviction of children and young people under the age of 18 years under the new legislation. QLS considers that Queensland should adopt the approach taken in Victoria, in which anyone under the age of 18 who creates, possesses or distributes an intimate image or sext of himself or herself to another minor who is less than two years younger than them will not be guilty of a child pornography offence. QLS considers that the legislation should recognise that teenagers who engage in peer-to-peer sexting are distinct from child pornographers. The Attorney-General has indicated to QLS that officers within the Department of Justice and Attorney-General will investigate this issue further.