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Even if the private part or activity isn’t recorded using the internet, if it is later posted or sent online, this could also be against the law.
For example, in October 2011, a 20 year old guy in NSW posted six nude photos of his ex-girlfriend on Facebook as revenge for breaking up with him.
For example, even though most beaches are public places, you can get in trouble for taking invasive photos of people in their swimmers without their permission.
Private property is a space where the owner can set rules or restrict entry.
Asking for, taking, posting or sending a nude/sexy image of a young person can also be illegal if it’s considered “indecent”.There are different rules for photographing or recording things depending on whether you are in a public place or on private property.A public place is a social space that is open and accessible to all, like a park.For example, in August 2013, two young ADF cadets were found guilty of using the internet in a harassing and offensive way after one of them live streamed himself having sex with another teenage cadet (without her knowledge or permission) so his friends could watch through Skype.
The maximum penalty for this crime is up to 3 years in jail.It’s NEVER ok to take (or post/send/keep) an image of someone under 18: · showing their private parts (genitals, anus or breasts) for a sexual purpose; · posing in a sexual way; · doing a sexual act; or · in the presence of someone who is doing a sexual act or pose.