Disclosure of a Data Message of an Intimate Image

What the section does

Section 16 makes it an offence for a person to unlawfully and intentionally disclose a data message containing an intimate image of another person through an electronic communications service without that person's consent.

Key points

• The disclosure must be unlawful and intentional.
• The disclosure must occur through an electronic communications service.
• The person depicted must be identifiable under the Act's definition.
• The Act defines an intimate image in terms of specified depictions and a reasonable expectation of privacy.
• Consent to the original creation or possession of an image does not automatically mean consent to later disclosure.

What this means in practice

Sharing an intimate image without the depicted person's consent can have serious legal consequences. Preserve evidence rather than repeatedly forwarding the material.