Sexting

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What is ‘sexting’?

Sexting usually refers to:

  • taking naked or partly naked photos or videos of yourself (posing in a sexual way) and sending the photos either via the internet or mobile phones; and
  • receiving or forwarding such photos or videos through mobile phones, internet and social networking sites such as Facebook or MySpace.

Is sexting a crime?

Sending or possessing these images is a crime if the image is of someone under 18.

In the NT, it is a crime if you:

  • make;
  • send out;
  • have in your possession;

images of someone under 18 (including yourself) involved in a sexual activity or posing or acting in a sexual way. This is called child abuse material (or child pornography).

These images include film, photos, digital images and videos and images sent by SMS, emails, chat rooms and publishing on blogs.

If you take and send a photo/video of yourself:

It is a crime to create child pornography material (such as making a film or taking a photograph). It is also a crime to send it to other people (e.g. by SMS or email) or make it available for other people to look at. If you are under 18, this is the case even if the image is of yourself. You may be charged with a criminal offence for producing and distributing child pornography.

If you send sexual images of someone under 18 to other people:

It is a crime to send out these images or make them available to other people. You may be found to be distributing child pornography.

If you have in your possession sexual images of someone under 18:

You can be charged with a criminal offence for possession of child pornography.

However, if you were sent the images without asking for them, and you get rid of it as soon as you can, you will not be in trouble.

Can a child be convicted of a sexting crime?

A child aged 10-14 can only be found guilty of a crime if the child knew that their actions (or inactions) were seriously wrong and not just naughty. If you are over 14, you are old enough to be charged with a criminal offence.

These penalties for these offences can be quite serious.

For more information about being charged or convicted of an offence, see our Lawstuff page Criminal Law.

What are some of the dangers involved in sexting?

One of the dangers with sexting (apart from it possibly being a crime) is that photos or videos of you can be easily distributed without your knowledge or control.

If you post publicly, there is no way to guarantee that other people won’t be able to access it and you won’t be able to control who sees the photos/videos.

Before you send anything over the internet it is important to keep the following things in mind:

  • Don’t feel pressured to send naked or partially naked photos or videos of yourself.
  • It is completely normal to want to express your sexuality but, it is important that you do so in a way that is safe. You need to be aware of all the possible consequences of your actions.
  • Even if you might be comfortable sharing naked pictures with someone today, you might feel differently about it tomorrow or in the future.
  • Other people may view the images differently and you may be the target of verbal and even physical abuse.
  • Can you trust the person you are sending the photos to? This is important because you won’t be able to control who they send the photos to.
  • You might only be sending the image to your closest friend/boyfriend or girlfriend, but consider what would happen if their phone was stolen or email account hacked. Your images can be forwarded onto many more people.
  • If you break up with your boyfriend/girlfriend they might share your picture with other people (out of mischief or spite).
  • How will you feel if your family, teachers and friends were to receive these pictures?
  • If you feel uncomfortable, then it is best not to upload the photo.
  • Consider long term impacts – how this will affect your job prospects etc?
  • If your images are available on the internet, an employer may be able to access these images. This may have an impact on getting a job.
  • Predators and perverts on the internet and sites may be able to access your images

What should I do if I have received a picture or video?

If you receive images over the internet/mobile that contains naked or partly naked photos or videos of another person posing in a sexual way, you should:

  • Delete the images immediately.
  • Don’t forward these images onto other people as you may be charged with distributing child pornography.
  • If you know the sender, let them know that you do not want them to send you any more images.
  • If you continue receiving images that you don’t want to receive, you may want to talk to a trusted adult or the police about your problem. If you don’t wish to talk to your parents, you may feel more comfortable talking to a friend, teacher or school counsellor.
  • It is important that you respect other people’s choices, and their right to privacy and dignity.

What can I do to stop people from sending images of me around the Internet or through mobiles?

There are a number of things you can do to identify and stop these images being sent out:

  • If the image is on social networking sites such as Facebook, you may be able to report the image and have it taken off the site. It is best to email the website’s administrator to report the conduct and provide examples.
  • If the images are being spread, without your consent, you maybe able to contact the police.
  • Keep your usernames and passwords secret. You should change your passwords from time to time.
  • Tell someone. Talk to someone you trust – a parent, friend, school counsellor or teacher. You may also wish to speak to someone from the Kids Helpline: 1800 55 1800.

Can privacy laws protect me?

If someone commits any of the offences above against you, you can complain to the police. These kinds of incidents are regulated by the criminal law, not by privacy law.

See our Lawstuff page on Camera Phones for more examples of criminal offences that deal with issues about filming and taking photographs of people.

 

This information was last updated 29 June 2010.


   
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