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Whether you’re snapped eating, sleeping, smiling, laughing, falling, when is it okay to take non-consensual photos?

THE LAW

Copyright laws have meant that those taking the photograph are given more rights than those in the image. The United States, Uniting Kingdom, Canada and New Zealand have recognised a ‘right to privacy’, however Australia is late to the party.

“There are no specific laws within Australia preventing someone taking your photo or video in a public place and then posting it online (unless the photo or video shows you doing something private)” (Evans et al. 2017). This ‘recognition’ is not flawless, with most policies being circumstantial, asking whether the individual had a ‘reasonable expectation of privacy’.

In regards to distribution of intimate images, and image-based abuse, again the laws are hazy.

Some interesting points of view around these topics can be seen at the below links:

Clementine Ford – ‘Australian women deserve legal protection from revenge porn’

John Oliver’s critique (an American point-of-view)

Can you sue if someone posts a photo you do not like on social media?

Let me know what you think about this issue…

Do you think Australian laws are up-to-date with the ever-changing media sphere??

 

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