‘Setting The Boundaries Of Acceptable Behaviour’? South Australia's Latest Legislative Response To Revenge Pornography

Abstract

The complex contemporary issue of revenge pornography has attracted extensive media, law reform and academic commentary and concern, especially as to the perceived failures of both the civil and criminal law to keep up to date with social and technological changes and to adequately respond to this issue. This article considers the existing remedies under the criminal law to revenge pornography and examines the Summary Offences (Filming and Sexting Offences) Amendment Act 2016 (SA) that came into operation on 28 October 2016. The new Act updates and strengthens the criminal law in South Australia in this area. This article notes that the criminal law is not the exclusive means to address revenge pornography and that there is a need for a wider approach that includes effective civil legal remedies and education and cultural change. However, the criminal law still has a vital role to play in setting the boundaries of acceptable modern behaviour. In this light, it is argued that the new South Australian Act is a timely and welcome legislative addition in addressing revenge pornography.