Digital sex crimes include the unauthorised sharing of explicit photos or videos of someone without their consent. This is not only a serious invasion of privacy but also a criminal act. A digital sex crime occurs when explicit photos or videos of someone are shared online or through other digital means without their permission. This can include:
This is harmful because of the violation of privacy, lack of consent, and emotional/psychological harm.
Everyone has the right to control who sees their private images or information. Sharing these without consent is a serious breach of that right. Consent is crucial in any situation involving personal and private content. Sharing without consent disregards the individual’s autonomy. Victims often experience significant emotional distress, including feelings of shame, embarrassment, and anxiety.
Harmful Digital Communications Act 2015: This act addresses the issue of harmful digital communications, including the non-consensual sharing of intimate images. Offenders can face criminal charges under this act. Maximum Penalties: Individuals found guilty under the Harmful Digital Communications Act can face up to two years in prison or a fine of up to NZD 50,000. Corporations can face fines of up to NZD 200,000.
Crimes Act 1961 (Distribution or Exhibition of Indecent Matter): It is a crime to make, possess, or distribute objectionable publications and engage in indecent communication. Offenders can face imprisonment and hefty fines.
Crimes Act 1961 (Indecent Communication with Person Under 16): It is a crime to intentionally expose a person under the age of 16 years to indecent material while communicating in any manner, directly or indirectly, with the young person.
Privacy Act 2020: The unauthorised sharing of explicit images by an ‘agency’ either in New Zealand or overseas can also constitute a breach of privacy under the Privacy Act. The Privacy Commissioner can investigate complaints and recommend remedies. Note this does not include an individual acting in their personal or domestic capacity.
Protection Order: In certain cases victims may apply for a protection order to prevent further harassment or distribution of their images. Breaching a protection order can result in arrest and further legal action.
Injunction: Victims may apply for an injunction to compel the offender to remove the images from the internet and cease further distribution. This can help limit the spread of the images and mitigate harm.
Various support services are available for victims, including counselling, legal advice, and assistance from organisations like Netsafe, which helps individuals deal with online harm.
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