Sexting is increasingly becoming a high priority issue in Australia, particularly amongst minors with one study reporting that over 20% of teenagers have participated in sexting.
‘Sexting’ is the act of creating, sharing, sending or posting of sexually explicit messages or images via the Internet, mobile phones or other electronic devices by people, especially young people.
Sexting can be a crime, depending on the age of the people sexting and whether the pictures would be considered ‘offensive’ or ‘indecent’ by a court.
When sexting involves someone under 18, it can be ‘child pornography’ or ‘indecent assault’.
New South Wales child pornography laws only apply to images of young people under the age
of 16, but the Commonwealth laws are broader. These laws even apply to images of young people who look like they are under the age of 18.
Anyone who sends, receives or asks for a naked or sexual image of a person who is or appears to be under the age of 18 is at risk of committing a crime and of being charged. The maximum penalties for child pornography can be up to 15 years jail and being placed on the sex offenders register.
Sexting can also be a form of harassment.
For example, pressuring someone to give you a naked picture, or sending someone a picture they don’t want to receiver or threatening to send a picture of someone to other people without permission. Sexting that involves harassment can be an indecent act or stalking, even if everyone involved is over 18.
Sexting raises many serious legal and social concerns. Some youth advocates are calling for changes to the laws, claiming the current laws are criminalising young people for expressing their sexuality. Speaking on this issue earlier this year, Youth Acton CEO Katie Acheson said
‘the challenge is obviously balancing the needs to protect vulnerable members of the community, while still ensuring young people have the freedom to experience their individual sexual development’.
The Law Society of NSW also supports an examination of alternative legislative
approaches to deal with sexting where no exploitation is involved.