Calla Wahlquist 

First person charged under Western Australia’s new revenge porn laws

Perth man accused of creating fake Instagram pages under his ex-girlfriend’s name and sharing intimate photographs
  
  

A Perth man has become the first person to be charged under Western Australia’s new revenge porn laws
A Perth man has become the first person to be charged under Western Australia’s new revenge porn laws. Photograph: Tony Mcdonough/AAP

A Perth man has become the first person to be charged under Western Australia’s new revenge porn laws for allegedly creating fake Instagram pages under his ex-girlfriend’s name and sharing intimate photographs.

The 24-year-old, from Spearwood, is alleged to have taken the images of his 24-year-old girlfriend, with her knowledge and consent, during their relationship.

“It will be alleged when the relationship broke down, the man created a false Instagram page in the victim’s name and posted seven intimate images of her without her consent,” WA police said in a statement on Monday.

“It will be further alleged when the Instagram page was removed, four other Instagram pages were created in the victim’s name and a total of 10 intimate images were posted.”

The man has been charged with distributing an intimate image of another person without their consent, under the Criminal Law Amendment (Intimate Images) Act 2018 which came into force on 15 April.

He is due to appear before then family violence court at Fremantle magistrates court on 20 May.

The new laws make it illegal for someone to share or threaten to share an intimate image of a person without their consent. They also empower courts to issue order take-down orders.

The law covers images or videos of people who are wholly or partly naked; in their underwear; performing a “private act”; or have had their face digitally manipulated to appear onto another body.

The offence is punishable by up to 18 months’ jail when tried in the magistrates court.

The WA laws followed the passing of federal laws in August last year, which allow for civil penalties of up to $105,000 for individuals and $525,000 for corporations if they do not remove intimate images when requested by the eSafety commissioner.

Victoria and New South Wales also have laws criminalising revenge porn.

An Australian study this year found that one in five people aged between 16 and 49 had been victims of revenge porn, one in 20 had shared intimate images they had received, and one in 10 had taken photographs or footage without consent.

 

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