Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Bill 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
Vote on a motion
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (39)
Noes (48)
▸25 members spoke25 support
As Attorney-General, introduced and moved the bill to create new offences for non-consensual sharing of intimate images, fulfilling a government election commitment to protect victims from this form of abuse.
“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
As shadow Attorney-General, confirmed the LNP will not oppose the bill while raising concerns about the definition of consent, protection for children under 16, and difficulties prosecuting anonymous offenders.
“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
Supported the bill as fulfilling a government election commitment to address serious breaches of personal privacy and send a clear message that revenge porn is unacceptable.
“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 a committee member while noting concerns raised by stakeholders about consent definition, retrospectivity, and prosecution of children under 16.
“The LNP opposition supports any measures aimed at protecting Queenslanders from the sharing of intimate images without their consent. Men, women and children should never be victims of such damaging conduct.”— 2019-02-12View Hansard
As a former school principal, supported the bill citing firsthand experience of the devastating impact of revenge porn on young people, including shame, suicidal thoughts, and long-term school absences.
“The act of revenge porn is not only abhorrent but also criminal, and our legislation should reflect this.”— 2019-02-12View Hansard
Supported the bill as a committee member, noting Queensland was behind other states in implementing such legislation 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
Drawing on her experience as a former QPS domestic violence officer, strongly supported the bill and shared a harrowing case of a woman whose digitally superimposed image was posted with her address and suggestions to rape her.
“Today I say to that victim that I can only hope the action we take here in this House today will mean that future victims will have quicker police investigations and appropriate judicial recourse.”— 2019-02-12View Hansard
Supported the bill as a committee member, emphasising the need for education over incarceration for young people under 16 and noting the bill upholds good moral standards.
“The new offence related to sending or threatening to send intimate material without consent reflects the constantly changing world we live in, where the ability of modern technology to create, store and broadcast material of a deeply personal and private nature is so great.”— 2019-02-12View Hansard
Supported the bill as delivering on an election commitment, highlighting statistics showing one in five Australians have experienced image based abuse.
“This behaviour is not acceptable and will now have serious consequences.”— 2019-02-12View Hansard
As a young Queenslander, supported the legislation to close loopholes and bring Queensland into line with other jurisdictions, while questioning whether the distress test was necessary.
“Laws need to keep up with society and technology.”— 2019-02-12View Hansard
Strongly supported the bill as ending victim-blaming culture, emphasising it puts blame squarely on perpetrators and sends a clear message that consent is non-negotiable.
“This bill is critically important in putting another nail in the coffin of the culture of victim blaming that still exists in some quarters today.”— 2019-02-12View Hansard
Supported the bill while drawing on his experience on the Queensland Anti-Cyberbullying Taskforce to emphasise the need for education programs to prevent criminalisation of young people.
“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
As Minister for Prevention of Domestic and Family Violence, strongly supported the bill as part of the government's commitment to eradicating violence against women in all its forms.
“One more thing: this bill will make revenge porn a crime, as it should be.”— 2019-02-12View Hansard
Supported the bill as necessary protection in the digital age, while noting concerns about the definition of consent and calling for police education of young people.
“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, strongly supported the bill as crucial for her generation, noting it delivers on a Palaszczuk government election commitment.
“This is the type of reform we see when a government has 50 per cent of women in cabinet and almost 50 per cent of women in the caucus. Today is just another step forward for the women and girls in Queensland.”— 2019-02-12View Hansard
As a former CPIU detective and father of two daughters, supported the bill while expressing concerns about potentially criminalising children under 16 and the need for education over prosecution.
“In conclusion, there is a need for this law to keep pace with rapidly changing technology and how that interfaces with social behaviours. While there are concerns about unintended consequences from the operation of these new laws, I agree that they are necessary and I will not be opposing this bill.”— 2019-02-12View Hansard
As Minister for Education, strongly supported the bill, sharing how her daughter first alerted her to revenge porn when a victim's photo was posted on a website, prompting her conversation with the Attorney-General.
“Ally, my darling, this is for you. I commend the bill to the House.”— 2019-02-12View Hansard
Supported the bill while highlighting the need for more police resources and education, and raising concerns about online scamming and the need to keep legislation up to date.
“Distributing or threatening to distribute sexual or nude content is a sickening act that has impacted far too many Queenslanders.”— 2019-02-12View Hansard
As Minister for Transport, supported the bill as addressing a digital form of violence against women driven by hatred, and commended the government's commitment to equal rights of women.
“This bill sends a strong message that this kind of hateful behaviour is not only unacceptable but from now on in Queensland also illegal.”— 2019-02-12View Hansard
Supported the bill as a father of four and former hospitality worker, while noting missed opportunities to include audio material and calling for regular review of the legislation.
“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 to keep legislation relevant in the digital age and protect people from cyberharassment and cyberstalking.
“This bill was a Palaszczuk government election commitment and a commitment to our community that I am very proud of.”— 2019-02-12View Hansard
Supported the bill as heading in the right direction while calling for education rather than prosecution of children and resources for both police and schools.
“The betrayal and abuse of vulnerable people is not new, but the opportunities to use technology have brought untold hurt into people's most private worlds.”— 2019-02-12View Hansard
Supported the bill and disclosed being a victim of image based sexual abuse when a hidden camera was found in a workplace toilet, welcoming the retrospective provisions.
“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 as filling an important gap in the legislative framework, while emphasising 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 as another way the Palaszczuk government tackles domestic and family violence, thanking DV service providers in her electorate who made submissions.
“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
Plain English Summary
Overview
This bill creates new criminal offences for sharing intimate images without consent, commonly known as 'revenge porn'. It criminalises both the actual distribution of intimate images and threats to distribute such images, with penalties of up to 3 years imprisonment. Courts can also order offenders to remove or delete the images.
Who it affects
Primarily protects victims of image-based abuse, including people in abusive relationships where intimate images may be used for coercion. Young people under 16 receive additional protection as they cannot legally consent to distribution of their images.
Key changes
- New offence for distributing intimate images without consent - up to 3 years imprisonment
- New offences for threatening to distribute intimate images, even if the images don't exist
- Courts can order offenders to remove, delete or destroy distributed images (rectification orders)
- Increased penalties for existing privacy breach offences from 2 to 3 years imprisonment
- Children under 16 cannot consent to distribution of their intimate images
- Digitally altered images (such as 'deepfakes') are covered by the new offences