Sexting and sharing photos online

In our digital age, it’s easy for pictures and information to be quickly spread using technology like smartphones.
Sexting or taking, sending and sharing pictures via digital technologies could expose you to risk, and be considered a criminal offence, especially if it involves harassing people of any age.

In Australia there are laws protecting your privacy in certain situations, including:

  • someone taking photos or videos of your private activities
  • sharing photos or videos on the internet.

When you need legal advice 

Get legal advice if: 

  • you think you are being cyber bullied
  • someone is publishing, or is threatening to publish, private photos of you online.

How to get legal advice

When sharing photos is a crime

Sexting or sharing photos online can be considered cyber bullying, which is a criminal offence, if it involves using the internet or a mobile phone to make threats, stalk someone or menace, harass or seriously offend them.

If someone tries to blackmail you by threatening to publish private photos or videos of you, report it to the police. If you or someone you know is at risk of immediate harm, call the police. In an emergency, call 000.

What is sexting?

Sexting usually refers to:

  • taking naked or partially naked photos or videos of yourself (posing in a sexual way) and sending the photos via the internet or mobile phone
  • receiving or forwarding naked or partially naked photos or videos through mobile phones, internet and social networking sites such as Facebook or Instagram.

It doesn’t matter what format (image, video—even AI generated) or how it’s shared.

Sexting under-18 photos

It’s illegal to create, send, possess or intend to possess images of someone aged (or who appears to be aged) under 18 (including yourself) who is:

  • involved in a sexual activity
  • in a sexual pose
  • acting in a sexual way
  • showing their sexual parts.

You can be charged with a criminal offence for ‘possessing child exploitation materials’ if you’re aged 10 or over.

If you make or possess (have) illegal sexting images or send them to other people you may be charged with distributing child exploitation material, which is a serious crime. If you’re found guilty of this offence you could be sentenced to up to 7 years in jail if you are aged 16 or under, or 14 years in jail if you’re aged 17 or older.

What should I do if I receive a photo or video?

You won’t get into trouble if you were sent sexual images without asking for them and you deleted the images as soon as you could.

If you know the sender, let them know you do not want them to send you any more images. You may also want to talk to a trusted adult or the police about what happened.

If the person continues to send you images, report it to the police.

It’s important to respect other people’s choices and their right to privacy and dignity. 

What to do if someone has shared a private photo of you

  • If the image is on a social networking site like Facebook, you can report it and ask for it to be removed. Use the ‘report’ link that appears near the content.
  • Talk to someone you trust—a parent, friend, school counsellor or teacher.
  • Report it to the police if the images are being spread without your consent.

Taking photos or videos of someone without their consent

In Queensland, there are laws which make it illegal to take or distribute photos or videos of someone’s private parts or private activities without their consent —regardless of how old they are.

It’s a criminal offence to take or distribute photos or videos of someone without their consent when the person is:

  • in a private place
  • doing a private act in circumstances where they would reasonably expect privacy.

Private acts may include things like:

  • undressing
  • using the toilet
  • showering or bathing
  • having sex in a place where a person would reasonably expect privacy.

It’s also a criminal offence to take or distribute photos or videos of someone’s genital or anal region without their consent in circumstances where they would reasonably expect privacy. This applies even if their genitals or anal region are covered by underwear.

For example, it’s illegal to use a mobile phone in a public place to take photos of women’s underwear under their skirts without their consent.

The penalty for this type of offence is up to 2 years jail.

Our privacy page has more information about:

  • taking photos or videos of your private activities
  • sharing photos or videos on the internet.

How to get legal advice

We may give advice about privacy breaches.

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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