An end-user of a social media service, relevant electronic service or designated internet service must not post, or threaten to post, an intimate image of another person on the service if either person is ordinarily resident in Australia. Intimate images cover depictions of private parts, private activity (undress, toilet, showering, bathing, sexual acts) and of a person without attire of religious or cultural significance they consistently wear in public, where privacy would reasonably be expected, including altered images. Exceptions: the depicted person's express, voluntary and informed consent (not consent by a child or an adult lacking capacity); the attire case where the poster did not know of the practice; and exempt provision under s 86 (law enforcement, court proceedings, genuine medical or scientific purpose, or acceptable to an ordinary reasonable person). 500 penalty units; formal warning (s 76); remedial direction (s 83).
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