From Our Desk

In our confusion and perhaps, a little bit of naivety, it can be easy to assume that the only tangible risks relate to what we knew growing up, that being bullying or perhaps conflict within friendship groups. However, this new generation is dealing with much more risk, and from a legal perspective, the online world can be fraught with danger for young people. 

A good example of this is the common practice of taking a screenshot of a photo, or forwarding a story to our friends, tools we use daily to communicate with each other. However, this moves into troubled water when that image is considered an ‘intimate image’. Queensland’s Criminal Code Act 1899 (“the Code”) provides that a crime is committed if a person distributes an intimate image without the other person’s consent, which in turn, would cause distress. Even if you are not the original sender, but you forward the intimate content on, you could be criminally charged under the Code. This provision holds the penalty of up to 3 years imprisonment. 

A question that always comes up from young people is, ‘am I guilty of a crime if I open the message or snap and view the contents’? The short answer is no. However, it could be an offence to forward the image on, or to show that image to another person, this is where the term ‘distributing’ comes into effect. It is also important to note that the Code states that it is immaterial whether the person who distributes the intimate image intended to cause, or actually caused the other person distress. 

Continuing along the same line of distributing intimate images, but dealing now with children under the age of 18. An example is probably helpful to illustrate this notion:

There is a boy and girl, both aged 15 and they are dating. One day the boy sends a ‘nude’ to his girlfriend – this was not uncommon in their relationship. Sadly, they break up a few months later, and she decides to send one of his photos to her best friend during a sleepover, for a laugh between the girls. 

This girl may now have committed the crime of Possessing child exploitation material AND Distributing child exploitation material which both carry the weight of 14 years imprisonment.

The legal risks of the online world are real, however this is likely due to the lack of understanding and awareness by parents and children. We encourage parents to have these conversations with your kids, and to reach out to Fisher Dore Lawyers if you want to talk this through more. 

We also like to reinforce, that if you or your child find yourselves confronted with criminal charges or a police investigation, you should immediately seek legal advice. You have the right to do so. Sometimes, instinctually, we want to get on the front foot and ‘help’ authorities. However, this can have consequences down the line when anything said during an interview can be used within court proceedings and as evidence. Whenever in doubt, please seek legal advice.