When a person tries to blackmail somebody by threatening to publish photos or videos, other laws can apply. If the person who has an inappropriate photo of you is a student at your school, then your school may be able to help you work things out. While stalking is defined differently in each state, it covers most forms of repeated harassment that are likely to harm or scare a person—including filming their private parts or activities without their knowledge. Generally, you have a right to take photos and videos of public places and the people within them. For example, in Queensland, a guy sent a naked photo of his ex-girlfriend to a nudie magazine as revenge, and the magazine published the photo along with embarrassing commentary.
If you're under 25, or an adult asking on behalf of a person under 18, you can send your questions to Lawmail and we will email an answer to you in under 10 days. This law applies throughout Australia. The ex-girlfriend sued for defamation and the court ordered both the ex-boyfriend and the magazine to pay her compensation for the humiliation she experienced. For example, in October , a 20 year old guy in NSW posted six nude photos of his ex-girlfriend on Facebook as revenge for breaking up with him. Most states and territories have specific laws against taking photos or videos of this kind. Send your questions to Lawmail Can't find the info you are looking for? The maximum penalty for this crime is up to 3 years in jail. The local police do NOT need to get this permission before charging you under similar state and territory laws, so be sure to check out the laws that apply to you on Lawstuff. The maximum penalty for stalking can include jail sentences of 10 years or more, depending on the state or territory you live in. You can tell them that posting it online or sending it to others could be a crime. Even in states and territories where there is no specific law about taking photos or videos of private parts or activities, there are other laws that can apply. Laws have recently been passed in Victoria which make it a crime to share, or threaten to share, an intimate photo of someone without their consent. Apply for a protection order If someone is using an inappropriate photo or video to bother or frighten you, you may be able to apply to the court for a protection order also known as a restraining order, intervention order, apprehended violence order or peace and good behaviour order to keep them from contacting you again. Using a phone or internet service to bother someone could be a crime. It is illegal to publish the private conversation whether or not you were a part of it—for example, by posting it on YouTube. In most states and territories, a conversation is not considered private if the people involved should reasonably expect that someone could overhear it—for example, if they were talking loudly around other people. For example, in April , a 20 year old guy in Queensland was charged with stalking and other crimes for using a mobile phone to film a teenager in a public toilet. For example, in August , two young ADF cadets were found guilty of using the internet in a harassing and offensive way after one of them live streamed himself having sex with another teenage cadet without her knowledge or permission so his friends could watch through Skype. For example, in Queensland, a guy sent a naked photo of his ex-girlfriend to a nudie magazine as revenge, and the magazine published the photo along with embarrassing commentary. While defamation can be a crime in extreme circumstances, it is most often a basis for suing someone in court. There are different rules for photographing or recording things depending on whether you are in a public place or on private property. Publishing an image like this could also be considered defamation. For more information contact your local Community Legal Centre. There are some things that you are never allowed to photograph or record no matter where you are. Ask the person to delete it In many cases, the easiest thing to do is to ask the person who took the photo to delete it. He was found guilty of publishing indecent material and given a suspended sentence of six months.
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