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New Voices / New Laws v5

the criminal laws that apply to young people's internet and mobile phone use in NSW

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Transcript of New Voices / New Laws v5

New Voices New Laws we're an online community legal centre dedicated to promoting young people's rights the organisations... the goals... to give you meaningful information about the laws that affect your internet and mobile use
to make sure your voices and opinions on these laws are heard the issues... so-called 'sexting' and 'cyber bullying' the 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 NSW Commonwealth +
(Cth) our focus: 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? make your voice heard by filling out the survey! 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 1.
Olivia and Parker are in free period.
Olivia goes to the bathroom, but leaves her stuff while she’s gone. Parker grabs Olivia’s mobile, opens her Facebook account and
updates her status. logging in to someone else's account and posting stuff without their permission could be illegal! crimes penalties unauthorised access to password-protected info (NSW law) unauthorised access to password-protected info (Cth law) harassing or offensive use of a mobile
(Cth law) up to 2 years in prison up to 2 years in prison up to 3 years in prison (more if you access the info to commit a serious crime) (more if you access the info to commit a serious crime) why is this a crime? to keep people from hacking into others' private info

(just like trespassing laws are there to keep you from going into other people's houses, even if you're just there to look around) stalking = following someone, watching them or hanging out near their house, school, work or anywhere else they go
intimidation = contacting someone (online or offline) in a way that scares them these behaviours become crimes when they are done knowing (or hoping) they might cause someone to fear harm 2.
Olivia hears that Parker is the one to blame for the post.
During lunch, Olivia takes a photo on her mobile of Parker eating.

She uses the photo to create a Facebook account under the name ‘Porker’. She lists Parker’s real address and mobile number, and writes "call me if you're into sausage". back to our story, which left off with the unauthorised FB post... Porker call me if you're into sausage 04XX XXX XXX making a fake profile about someone could be illegal! crimes penalties harassing or offensive use of the internet (Cth law) up to 3 years in prison using identity info to commit a crime (Cth law) using identity info to commit a crime (NSW law) up to 5 years in prison up to 10 years in prison for example...
in NZ, a 17 year old boy took a girl's Facebook photo and placed her face on a different body, which he featured on a fake Facebook page and a XXX site
the incident is under investigation and the
boy could face multiple charges 3.
Quinn is one of the students who friends ‘Porker’ on Facebook.
She posts a threatening comment on the fake profile with a rude reference to Parker's sexuality. Parker could face up to 7 years in prison for hacking into Olivia's Facebook account Olivia could face up to 18 years in prison for creating the fake profile Quinn could face up to 25 and a half years in prison for making a hateful public threat about Parker's sexuality making a hateful public threat about someone's sexuality (or race) could be illegal! crimes penalties sending a document threatening to physically hurt someone (NSW law) up to 10 years in prison intimidating someone (NSW law) up to 5 years in prison using the internet to threaten to seriously harm someone (Cth law) up to 7 years in prison using the internet in a harassing or menacing way
(Cth law) up to 3 years in prison doing a public act of hate (NSW law) up to 6 months in prison for example...
in WA, Brendon O'Connell posted a video on YouTube making offensive comments about people of Jewish faith
he was convicted of racial hate and sentenced to prison 4.
Parker is upset, and wants to get even.
Over the next few days, he sends Olivia and Quinn dozens of texts threatening to hurt them if they don't take down the Facebook page. back to our story, which left off with the threatening post... u think this is funny? bc u wont be laughing from your hospital bed im not messing around
take it down or ur dead better sleep with 1 eye open im coming 4 u sending threatening texts could be illegal! Parker could face up to 25 years in prison for texting threats crimes penalties sending a document threatening to physically hurt someone (NSW law) up to 10 years in prison stalking or intimidating someone (NSW law) up to 5 years in prison using a mobile in a harassing or menacing way (Cth law) up to 3 years in prison (up to 7 if it leads to violence at school) (up to 7 if it leads to violence at school) for example...
in Victoria, Phillip Gerada pleaded guilty to stalking after sending his ex-friend a series of threatening text messages
he was sentenced to 200 hours community service back to our story, which left off with the fake FB profile... the project... the incidents... 1. putting the
'ex'
in sexy text 2. putting the
'post'
in imposter 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 someone aged 14-16 to make child pornography (NSW 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 causing someone under 16 to do an act of indecency, knowing it will be filmed (NSW law) up to 10 years in prison using a mobile in an offensive way (Cth law) up to 3 years in prison Adam could face up to 38 years in prison + sex offender registry for asking Brie for a naked photo what is child pornography and indecency? 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? child pornography is something 'offensive' that shows or describes a young person
doing a sexual act or pose, or
revealing their private parts indecency is something sexual that the community finds unacceptable text, photos (real or photo-shopped), videos, and even cartoons! based on the opinion of a reasonable person NSW law says under 16 (since that's when you can say "yes" to sex) but Cth law says under 18

so even if you're 16 or 17, you can STILL be charged with a Cth child pornography offence for naked/sexy photos an act, a text or a record that can be seen or read (like a YouTube video or Facebook post) you don't have to be naked to be doing a sexual act or pose! asking for it (like Adam did)
making it (like Brie did)
having it (like they both do)
sending it, posting it or 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 (NSW law) up to 10 years in prison + possible sex offender registry having and sending child pornography
(NSW law) up to 10 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 sending an indecent photo (NSW law)
*can't be charged with sending child porn AND this...it's one or the other up to 1 year in prison using a mobile phone in an offensive way (Cth law) up to 3 years in prison Brie could face up to 38 years in prison +
possible sex offender registry
for taking and texting a naked photo 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 Adam, Connor, Dave, Emma and Fiona could face up to
28 years in prison + possible sex offender registry
for keeping and sending a naked photo using a mobile phone in an offensive way up to 3 years in prison
(Cth law) having and sending out child pornography up to 10 years in prison
(NSW 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 sending an indecent photo (NSW law)
*can't be charged with sending child porn AND this...it's one or the other up to 1 year in prison 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 sending out child pornography up to 10 years in prison
(NSW law) + possible sex offender registry using the internet to access and promote
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 posting an indecent photo (NSW law)
*can't be charged with sending child porn AND this...it's one or the other up to 1 year in prison up to 3 years in prison Katie and Lauren could face up to 28 years in prison
+ possible sex offender registry
for posting a naked photo and creating the group 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 for example...
in Victoria, a 17 year old couple filmed themselves having sex
then they broke up, and the ex-boyfriend sent around some still images from the video
he pleaded guilty to a child pornography crime
and was placed on the sex offender register what's unauthorised access to password-protected info? unauthorised = it's not your account and you don't have permission to use it
access = to look at or change
password-protected info = info on a computer or mobile that's password-protected (like the stuff in your email and Facebook accounts) the Attorney-General has specifically said these laws apply to Facebook! what's using identity info to commit a crime? this is what's commonly called 'identity theft'

identity info = anything that can be used to identify a person (like their name or address)
crime = ANY crime (for example, threats or harassment)...not just the financial crime that you usually hear about what's a public act of hate? public act = any communication that the public can see (online or offline)
hate = threatening to physically hurt a person (or urging others to hurt them) because of their race or sexuality to keep people from using prejudice to cause violence why is this a crime? using a mobile to threaten to seriously harm someone (Cth law) up to 7 years in prison what's stalking and intimidation? Harms: Olivia may feel angry and upset that someone invaded her account, and embarrassed that all her friends saw the rude post Penalties: Parker could face up to 7 years Harms: Parker may feel angry, humiliated and upset that he has no control over what's said about him and who sees it Penalties: Olivia could face up to 18 years Harms: Parker may feel even more upset and humiliated, and may be scared of what his classmates might do to him Penalties: Quinn could face up to 25.5 years Harms: Olivia and Quinn may feel frightened and upset Penalties: Parker could face up to 25 years what do YOU think?
should any/some/all of these laws and penalties apply?
are there better ways to address the harm Parker, Olivia and Quinn have suffered? 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 recap... 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) 1. Parker hacks into Olivia's Facebook account 2. Olivia creates a fake Facebook profile about Parker 3. Quinn posts a hateful and threatening comment hinting at Parker's sexuality 4. Parker sends Olivia and Quinn a series of threatening texts
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