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Vic Version of NVNL for Youth Panel

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Transcript of Vic Version of NVNL for Youth Panel

New Voices
New Laws
we're an online community legal centre dedicated to promoting young people's rights
the organisations...
the goal...
to give you meaningful information about the laws that can apply to sexting
the issue...
so-called 'sexting'
but there are other
layers of law...
terms of use
getting kicked off a site
school policy
getting disciplined / suspended
civil law
getting sued by someone
criminal law
getting charged
with a crime that may land you in gaol
Vic
Commonwealth +
(Cth)
our focus
for terms of reference 2 - 3:
but nobody REALLY gets in trouble just for keeping and passing on a sexy pic of someone...do they?
yes!

in Victoria, a 17 year old couple filmed themselves having sex
then they broke up, and the ex-boyfriend sent around the video

he was charged with sending child pornography and placed on the sex offender register
we want to know...
what do you think of all this?
what does the law get right and what does it get wrong?
how could the law be changed to make it more fair?
so even if 2 young people are ok with taking sexy photos and sharing them with each other
- and
neither
of them
shares
the photos with anyone else -

they can still be charged
for child pornography
the Children’s Legal Service (CLS) of Legal Aid NSW advises and represents children and young people under 18 involved in criminal cases in the Children’s Courts
the project...
the incident...
putting the
'ex'
in sexy text
1.
Adam and Brie are 15.
They've been going out for a month.
After spending the day together at the beach, Adam texts Brie.
u looked hot in ur bikini today...but i bet u look hotter w/o it
how bout a pic? ; )
texting someone to ask for a sexy pic could be illegal!
crimes penalties
asking a minor to make child pornography (Vic law)
up to 10 years in prison +
possible sex offender registry
using a mobile to ask for child pornography (Cth law)
up to 15 years in prison +
possible sex offender registry
asking someone under 16 to perform an indecent act (Vic law)
up to 10 years in prison
using a mobile in an offensive way (Cth law)
up to 3 years in prison
what are child pornography and indecent acts?
what's illegal about it?
why is this stuff illegal?
might there be better ways to deal with the risks of 'sexting' than child pornography and indecency laws?
indecent acts are sexual acts that the community finds unacceptable
asking for it

(like Adam did)
making it (like Brie did)
having it (like they both do)
getting it and keeping it (like Adam did)
passing it around (as we'll see...)
usually, it's considered unacceptable because it involves a
young
person doing a sexual act
child pornography laws were passed before camera phones and social networks existed
they were meant to stop child abusers from taking, trading and collecting photos of children being sexually abused
if the laws are meant to protect children from abusive adults, why are young people being charged ?
when the laws were passed, nobody was thinking about young people taking naked/sexy photos of themselves
so the laws don't say anything about what SHOULD be done about teenage 'sexting' - they just say that it's illegal
but people are nervous about changing the laws, because they don't want to make it easier for REAL child abusers to get out of trouble
plus, many of them want to stop young people from 'sexting'
because 'sexting' can be harmful, too
sometimes...
young people are pressured or forced into it

often...
naked/sexy photos get passed around school

always...
you can't be sure that photos have been permanently deleted, so you never know when they might pop up again (or who might see them)
we'll come back to this question later...
even if 2 young people are
ok
with taking and sharing photos
- and
neither
of them shares the photos with anyone else -
they can
still
be charged for child pornography
what's the sex offender register?
the sex offender register is a police database of people convicted of sexually abusing children
if you're charged with a
child pornography or indecency crime, you could end up on the register
people who are put on the register have to do things like give their name, address and other information to the police, and tell police any time they move house or travel
people on the register are supposed to stay away from children, and are not allowed to get a job working with children... ever
2.
Brie thinks about it.
She trusts Adam...why not?
She takes of her clothes, takes a few photos
and texts them to Adam.
taking and texting a sexy pic could be illegal!
crimes penalties
making child pornography (Vic law)
up to 10 years in prison +
possible sex offender registry
having and keeping child pornography
(Vic law)
up to 5 years in prison +
possible sex offender registry
using a mobile to send child pornography (Cth law)
up to 15 years in prison +

possible sex offender registry
using a mobile phone in an offensive way (Cth law)
up to 3 years in prison
back to our story, which left off with Adam asking Brie for a photo...
3.
2 weeks later, Adam and Brie have a massive fight.
Adam remembers the photos.
'Ha!', he thinks, and texts the pics
to his best mate, Connor.
back to our story, which left off with Brie sending a naked pic...
only 2 things ill miss about brie:
( . )( . ) lol
keeping sexy pics that are sent to you and passing them on to others could be illegal!
crimes penalties
using a mobile phone in an offensive way up to 3 years in prison
(Cth law)
having and keeping child pornography up to 5 years in prison
(Vic Law)
+ possible sex offender registry
using a mobile to access and send child
pornography (Cth law)
up to 15 years in prison

+ possible sex offender registry
4.
Conno'rs with Dave, Emma and Fiona when he gets the text.
'No way! Send that to me!', yells Dave. 'Me too!' say
Emma and Fiona. Connor texts it to them, and each of them texts
it to someone else.
5.
Katie and Lauren get the text from Fiona.
They set up a Facebook group and post the pic
as the group's photo. They invite their friends
to join, and everyone posts comments about Brie.
posting a nude/sexy photo, setting up a group to make fun of someone and posting offensive comments could be illegal!
crimes penalties
having and keeping child pornography up to 5 years in prison
(Vic law)
+ possible sex offender registry
using the internet to access and share
child pornography (Cth law)
using the internet in a menacing, harassing or
offensive way (Cth law)
up to 15 years in prison
+ possible sex offender registry
up to 3 years in prison
back to our story, which left off with the photo getting passed around...
why is this a crime?
to fight serious forms of cyber bullying and
other online harassment
what's the law about offensive internet use?
it is illegal to use an internet or mobile phone service in a way that is menacing, harassing or offensive
(threatening)
(bothering repeatedly)
(based on the opinion of reasonable people)
for example...
in Queensland, Jessica Cook created a 'hate page' on Facebook, where she posted photos and offensive comments about a dead woman
she pleaded guilty of using the internet in a menacing, harassing or offensive way and was given a 3-month suspended sentence and banned from using social media
6.
The Facebook group gets around to everyone at school.
Brie is really upset. She tells her mum, who tells the
principal, who tells the police.

Katie and Lauren see the principal talking to the police at school and start to panic about getting in trouble for creating the group. They send Brie a threatening text, warning her to keep quiet.
idk wot u told ur mum but we will srsly f*%# u up if u blame us 4 the fb page. its not our fault u cant take a joke.
crimes penalties
sending a document threatening to physically hurt someone (NSW law)
up to 10 years in prison
threatening to harm someone to keep them from going to the authorities (NSW law)
up to 7 years in prison
using a mobile to threaten to seriously harm someone (Cth law)
up to 7 years in prison
using a mobile in a harassing or menacing way
(Cth law)
up to 3 years
Katie and Lauren could face up to 37 years
in prison for sending a threatening text
back to our story, which left off with the FB group...
up to 5 years in prison
intimidating someone (NSW law)
sending threatening texts to someone could be illegal!
up to 5 years in prison
intimidating someone at school (NSW law)
(up to 7 if it leads to violence at school)
a threat is a
claim
that you'll
hurt
a person or a thing, made with the intention to
scare
someone
threatening to kill or physically hurt someone is a serious crime, both online and offline
and ANY sort of threat posted on the internet or sent on a mobile could be illegal, even if it was meant as a joke
what's considered a threat?
Harms: Brie may feel upset or uncomfortable about the photo
Penalties: Brie could face up to 38 years and sex offender registry

Harms: Brie's trust has been broken and her privacy breached. She probably feels angry and upset that she has lost control over what happens to the photo and who sees it.
Penalties: Adam, Connor and anyone else who keeps and/or shares the photo could face up to 28 years and sex offender registry
Harms: Brie has been humiliated in front of a lot of people, and even if the page gets taken down, she has no way of knowing whether there are copies around
Penalties: Katie and Lauren could face up to 28 years and sex offender registry
\
Harms: Brie probably feels scared, upset and alone. She may be too intimidated to get the help she needs to deal with the bullying she's experiencing
Penalties: Katie and Lauren could face up to 37 years
what do YOU think?
should any/some/all of these laws and penalties apply?
are there better ways to address the harm Brie has suffered?
for example...
in NSW, a 17 year old boy said in his profile that he wanted to kill 2 of his teachers and a student at his school
his principal told the police, and the boy was charged with sending a 'document' containing threats
this really happens in Victoria!
for example...
in NSW, a naked self-photo of a 13-year-old girl was considered 'indecent'
the boy who asked her for it was convicted of causing an act of indecency
he was released on a good behaviour bond

(requiring him to comply with the terms or go to gaol)
and don't forget about indecency!
in NSW, Ronnie Usmanov posted naked photos of his ex-girlfriend on Facebook as a form of revenge
he pleaded guilty to publishing indecency and was given a 6-month suspended sentence
so what do you think?
Penalties: Adam could face up to 38 years and sex offender registry
Harms: Brie may feel pressured to do something she doesn't want to do
1. Adam asks for the photo
2. Brie takes the photo and sends it to Adam
3. - 4. Adam sends the photo to Connor, who passes it on (and so on...)
5. Katie and Lauren post the photo to Facebook
6. Katie and Lauren send a threatening text to Brie
and don't forget about menacing use of the internet or a mobile!
in Queensland, Brodie Koina repeatedly texted his ex-girlfriend, threatening to 'f--- up' her life
he pleaded guilty to menacing, harassing or offensive use of a mobile service and was given 6-months probation (and a criminal record)
modified for the Vic Inquiry into Sexting
http://www.lawstuff.org.au/
http://www.legalaid.nsw.gov.au/what-we-do/criminal-law/children-and-young-people
make your voice heard by filling out the survey:
http://www.surveymonkey.com/s/NewVoicesNewLaws

admin@ncylc.org.au
http://lawstuff.org.au
http://www.facebook.com/lawstuff.australia
@Lawstuff_Aus
Parliament's definition...
sexting =
creating, sharing, sending or posting sexually explicit messages or images online or on mobile phones
(especially by young people)
what's YOUR definition?
terms of reference # 2 - 3
2. are people aware of the consequences of sexting?
3. what do you think of the way the law deals with sexting?
but first, let's have a chat about term of reference # 1
1. is sexting happening in Vic, and if so, what does it involve?
are there any social or legal consequences?
people under 18 cannot be placed on the register unless the court finds that they pose a risk to the sexual safety of a person or the community

but people over 18 who are convicted of child pornography MUST be registered, even if they pose no risk
like A, whose mum made a submission to the inquiry
child pornography means
a film, photo, publication or computer game
that describes or shows
a person who is (or looks like they are) under 18
in an indecent sexual way or doing a sexual activity
like a Facebook post or YouTube clip
so even though you CAN say yes to SEX when you are 16, you CANNOT say yes to SEXTING
are there any social or legal consequences?
are there any social or legal consequences?
this is technically only a crime under Cth law
the main point:
are there any social or legal consequences?
did you know about some or all of these laws and penalties?

do your peers know about these laws? how about your parents and teachers?

do you think the laws and penalties are suitable to Adam, Brie and/or the others?
why or why not?

knowing these laws and penalties, what would you tell a friend who was in Brie's position?

should the laws be changed? if so, how?
when you use a mobile phone or the internet, Australia's national law applies too!
(like A and his girlfriend)
the law in Vic says its ok for Brie to possess a sexy photo of herself
DEFENCE
(NO defence)
(NO defence)
(NO defence)
Adam has a defence to this charge because it's ok to have a photo if you're no more than 2 years older than the person in the picture and that person gave it to you
this defence does NOT apply to any of the others because Brie didn't give them the photo
DEFENCE
(NO defence)
(NO defence)
Full transcript