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

Praised the bill as excellent legislation containing proactive steps to penalise perpetrators of non-consensual image sharing, and thanked the Red Rose Foundation and Centre Against Sexual Violence for their contributions.

“This legislation is excellent news at it contains really proactive steps to penalise perpetrators.”— 2019-02-13View Hansard

As Attorney-General, moved the second reading and outlined the bill's reforms creating new offences for non-consensual sharing of intimate images, filling gaps in existing criminal law.

“The new offences contained in the bill will send a clear message that sharing or threatening to share an intimate image without consent is unacceptable, illegal and punishable by up to three years in prison.”— 2019-02-12View Hansard

Supported the bill but stressed that education and fostering respect from a young age is the key to addressing the problem long term, expressing concern that 20 per cent of RMIT survey respondents thought sharing images without consent was acceptable.

“I support the bill but I again reiterate respect—first, second and third. Punish the offenders but teach the young the basic tenets of a good society.”— 2019-02-13View Hansard

As shadow Attorney-General, confirmed the LNP will not oppose the bill but raised significant concerns about the definition of consent, the potential criminalisation of children under 16, difficulties prosecuting anonymous offenders, and the lack of retrospective application.

“From the outset I confirm that the LNP will not be opposing this bill, although I will raise concerns as I address key elements of the bill highlighted by the evidence given to the committee by stakeholders throughout the process.”— 2019-02-12View Hansard

Strongly supported the bill as criminalising an insidious form of violence that disproportionately affects women, noting it delivers on a government commitment and brings Queensland into line with other jurisdictions.

“These reforms will hold perpetrators to account instead of shaming and blaming victims for the actions of their abusers.”— 2019-02-13View Hansard

Supported the bill as a committee member, noting it will correct serious breaches of personal privacy and align Queensland with other Australian jurisdictions.

“Once the legislation is passed it will send a clear message to those who choose to engage in this type of damaging behaviour that they will face serious consequences.”— 2019-02-12View Hansard

Supported the bill as necessary to protect young people, drawing on his experience with Bravehearts and noting the increasing sexualisation of children through online pornography.

“My hope is that this legislation will send a very strong message to young people in Queensland to take a breath and to think, to pause and to exercise due care before they rush out and do something impulsive.”— 2019-02-13View Hansard

Spoke in support as a committee member, acknowledging the scope and complexity of the issue while raising stakeholder concerns about consent, retrospectivity, anonymous uploading, and children under 16.

“I think this is by and large a good bill and the LNP and I will be supporting it.”— 2019-02-12View Hansard

Supported the bill's objectives while noting stakeholder concerns about the definition of 'intimate image' not covering audio material, and the adequacy of the consent definition. Called for the definition of consent to be revisited when the laws are reviewed.

“Whilst the Liberal National Party supports the objectives of this bill and as such supports any measures that are aimed at protecting Queenslanders from actual or threatened abuse, particularly when it comes to the non-consensual sharing of images, it must be noted that there are a range of concerns that have been raised with this bill by prominent and respected stakeholders.”— 2019-02-13View Hansard

Supported the bill drawing on her experience as a former school principal, noting the devastating impact of non-consensual image sharing on young people including school absences and social withdrawal.

“The non-consensual sharing of intimate images is exploitative, it is humiliating and it is an extremely damaging form of abuse.”— 2019-02-12View Hansard

Strongly supported the bill as part of the government's broader agenda on domestic violence reform, framing non-consensual image sharing as a gendered act of violence underpinned by disrespect for women and toxic masculinity.

“Make no mistake, distributing these images is an act of violence—one that has been experienced by an unbelievable 23 per cent of Australians aged between 16 and 45, according to a recent RMIT study.”— 2019-02-13View Hansard

Supported the bill as a committee member, noting its noble objectives while highlighting concerns about the definition of consent and calling for a review in three years.

“The LNP supports any measures aimed at protecting Queenslanders from intimidating and threatening behaviour, particularly when it involves the non-consensual sharing of images that are, and should remain, private.”— 2019-02-12View Hansard

Briefly spoke in support of the bill, commending the government for bringing it forward and noting that all efforts to stop harassment, bullying and abuse should be applauded.

“There is no tolerance and can no longer be any tolerance for any form of these types of behaviours, including the sharing or the threatening to share of intimate images via any means.”— 2019-02-13View Hansard

Spoke passionately in support drawing on her experience as a former senior project officer for domestic and family violence in the Queensland Police Service, sharing specific cases of image-based abuse in Queensland.

“I stand here in this House to pass this type of legislation. It is the reason I am here.”— 2019-02-12View Hansard

Supported the bill as overdue legislation, while raising concerns about the definitions of intimate image and consent, the lack of retrospective application, and the difficulty of prosecuting anonymous offenders.

“The LNP supports any measures aimed at protecting Queenslanders from intimidating and threatening behaviour, particularly in this modern era when it involves the non-consensual sharing of images that are and absolutely should remain private.”— 2019-02-13View Hansard

Supported the bill as a committee member, highlighting the need for education over incarceration for children under 16 and recommending the New South Wales approach to consent.

“Consent should only apply to the person it was given to, not ongoing consent for that person to continue to share.”— 2019-02-12View Hansard

Supported the sentiment and objectives of the bill but expressed concerns about its enforceability given rapidly changing technology, suggesting a sunset clause rather than just a three-year review, and emphasising that education is the real solution.

“I am very supportive of the attempts in the legislation before the House today to stamp out the portrayal of images. However, the only way in my view that we will achieve that is through an education process.”— 2019-02-13View Hansard

Supported the bill, noting that both threats to distribute and actual distribution of intimate images cause distress, and emphasised the need for ongoing education of young people.

“The threat alone to distribute intimate images and prohibited visual recordings can and does cause distress to an individual.”— 2019-02-12View Hansard

Supported the bill, sharing a personal experience of one of his children being targeted by an adult predator online, and stressing the importance of education alongside legislation.

“Obviously, this legislation will get the support of the House. Obviously, we want to see it work. Obviously, it will need to be updated as technology updates—no-one is disputing those things.”— 2019-02-13View Hansard

Supported the bill as a young Queenslander, noting it closes loopholes and brings Queensland into line with other jurisdictions, while questioning the necessity of the distress test as a potential barrier to prosecution.

“It should be enough that a private image has been shared without consent. Distress is implicit.”— 2019-02-12View Hansard

Supported the bill as shadow minister for women, noting it was overdue but welcome. Raised concerns about the potential criminalisation of children engaged in consensual peer sexting, the inability to obtain rectification orders without a conviction, and the competing views on the mistaken belief defence.

“We support any measures aimed at protecting Queenslanders from intimidating and threatening behaviour, particularly when it involves the non-consensual sharing of images that are and should remain private.”— 2019-02-13View Hansard

Supported the bill as an important step against victim-blaming culture, emphasising that consent is non-negotiable and children under 16 are unable to provide consent.

“It changes the dialogue around revenge porn and non-consensual image sharing from, 'Why did you take the photo?' to making it clear that consent is non-negotiable.”— 2019-02-12View Hansard

Supported the bill as a father of five children navigating the digital world, welcoming the comprehensive definitions and the provision that children under 16 cannot consent to distribution of their intimate images.

“The kind of activity that we are talking about is despicable. It is disgusting regardless of the motivation, and therefore I applaud this bill and welcome its passing later today.”— 2019-02-13View Hansard

Supported the bill, drawing on his work on the Queensland Anti-Cyberbullying Taskforce and emphasising the need for education to prevent young people from being criminalised.

“If we do not get the message out very clearly to our young people that, 'This is not on. You cannot keep doing what you are doing,' we run the risk of criminalising them.”— 2019-02-12View Hansard

In reply as Attorney-General, addressed concerns raised during debate including the treatment of children engaged in peer sexting, the scope of the intimate image definition, the consent definition, and the enforceability of the legislation given evolving technology.

“It does not matter what change happens in technology. We are not mentioning phones, iPads, computers or anything else. We do not know what the future holds in terms of distributing that image. It does not matter. This is not about the way it is distributed; it is about the fact that it is distributed or threatened to be distributed.”— 2019-02-13View Hansard

As Minister for Child Safety, Youth and Women, supported the bill as part of the government's commitment to eradicating all forms of violence against women, noting victims suffer similar effects to physical sexual violence.

“When images are created or shared without consent that is exploitation, that is abuse.”— 2019-02-12View Hansard

Supported the bill while noting the laws are welcome but overdue given other jurisdictions acted five years earlier, and raised concerns about the consent definition and application to children.

“In summary, the LNP supports the bill and any measures aimed at protecting Queenslanders from exploitation, harassment, intimidation or threatening behaviours.”— 2019-02-12View Hansard

As the youngest member of parliament, spoke in favour noting the bill is particularly important for her generation and sends a strong message that sharing intimate images without consent is abusive and will be treated as illegal.

“I will not tolerate that sort of vile behaviour and this side of the chamber will not tolerate that sort of behaviour.”— 2019-02-12View Hansard

As a former detective with the Queensland Police Service's Child Protection and Investigation Unit, supported the bill while expressing concern about the criminalisation of children under 16 and the stretched resources of the CPIU to deliver education.

“Education is by far the best option.”— 2019-02-12View Hansard

As Minister for Education, supported the bill sharing how her daughter first alerted her to the issue of revenge porn websites, and praised the bill's coverage of threats to distribute images.

“I really support that. In three years we are going to review this bill to see how it has worked: do victims feel more empowered by the ability to take action against perpetrators; are the courts streamlined; is it working?”— 2019-02-12View Hansard

Supported the bill, citing the first successful prosecution under New South Wales' similar laws and noting concerns about the grey area around children under 16 and the need for more resources for police.

“Distributing or threatening to distribute sexual or nude content is a sickening act that has impacted far too many Queenslanders.”— 2019-02-12View Hansard

Supported the bill as a form of addressing digital violence against women, emphasising that the responsibility to respect trust and consent does not cease at the end of a relationship.

“To have personal images taken with the consent of another and then shared in public without permission is a gross breach of trust and consent, two things that do not change when a relationship ends.”— 2019-02-12View Hansard

Supported the bill while noting missed opportunities around audio material and the definition of consent, and called for regular review as the legislation will grow old quickly with changing technology.

“Someone who is being bullied, coerced and intimidated deserves the protection of this House. This legislation will provide that.”— 2019-02-12View Hansard

Supported the bill as a proud government election commitment, noting the need for legislation to keep pace with the digital age and welcoming the three-year maximum imprisonment penalty.

“The sharing of intimate images is a cruel breach of trust in a way that the perpetrator knows will cause severe anxiety and harm to the victim.”— 2019-02-12View Hansard

Supported the bill as heading in the right direction, while noting difficulties with the legislation including the potential criminalisation of children and limitations on rectification orders requiring a conviction.

“It cannot be underestimated just how damaging these offences are in terms of their impact upon people and their personal wellbeing.”— 2019-02-12View Hansard

Supported the bill, sharing her own experience as a victim of image-based abuse when a hidden camera was found in a staff toilet at a previous workplace.

“I want our young people to know that, if images are shared without their consent, it not their fault; the person who shared it is in the wrong.”— 2019-02-12View Hansard

Supported the bill on behalf of the Greens, noting it fills an important gap in the legislative framework but stressed that prevention strategies, education, and cultural change must accompany it.

“The Greens and I agree wholeheartedly that this legislation fills an important gap in the current legislative framework and we support that step.”— 2019-02-12View Hansard

Supported the bill, thanking local domestic and family violence service providers in the Redlands electorate and noting the legislation tackles the scourge of domestic and family violence in Queensland.

“This legislation is just another way the Palaszczuk government continues to tackle the scourge of domestic and family violence in Queensland.”— 2019-02-12View Hansard