South Australian Current Acts South Australian Current Acts26B—Humiliating or degrading filming
(1) A person who
engages in humiliating or degrading filming is guilty of an offence.
Maximum penalty: Imprisonment for 1 year.
(2) A person who
distributes an image obtained by humiliating or degrading filming knowing or
having reason to believe that the victim—
(a) does
not consent to that particular distribution of the image; or
(b) does
not consent to that particular distribution of the image and does not consent
to distribution of the image generally,
is guilty of an offence.
Maximum penalty: Imprisonment for 1 year.
(a)
takes part in a humiliating or degrading act; and
(b) in
relation to that humiliating or degrading act, engages in conduct constituting
an offence against subsection (1) or subsection (2),
is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
(4) It is a defence
to—
(a) a
charge of an offence against subsection (1); or
(b) a
charge of an offence against subsection (3) where the defendant is
alleged to have engaged in conduct constituting an offence against
subsection (1),
to prove 1 or more of the following:
(c) the
defendant did not knowingly film the images the subject of the offence;
Example—
The filming took place accidentally or the filming took place in circumstances
where the defendant did not know what images were being filmed.
(d) the
defendant reasonably believed that the victim consented to the filming the
subject of the offence;
(e) the
conduct constituting the offence was for a legitimate public purpose.
(5) It is a defence
to—
(a) a
charge of an offence against subsection (2); or
(b) a
charge of an offence against subsection (3) where the defendant is
alleged to have engaged in conduct constituting an offence against
subsection (2),
to prove 1 or more of the following:
(c) the
defendant's distribution of the image was neither intentional nor reckless;
(d) the
conduct constituting the offence was for a legitimate public purpose.
(6) For the purposes
of this section, conduct will only be taken to be for a
"legitimate public purpose" if the conduct was in the public interest having
regard to the following:
(a)
whether the conduct was for the purpose of educating or informing the public;
(b)
whether the conduct was for a purpose connected to law enforcement or public
safety;
(c)
whether the conduct was for a medical, legal or scientific purpose;
(d) any
other factor the court determining the charge considers relevant.
(7) If, in any
proceedings for an offence against this section, the defendant establishes
that the conduct allegedly constituting the offence was engaged in by or on
behalf of a media organisation, the conduct will, for the purposes of this
section, be taken to have been engaged in for a legitimate public purpose
unless the court determining the charge finds that, having regard to the
matters set out in subsection (6), the conduct was not for a
legitimate public purpose.
(8) For the
purposes of this section, a person "takes part" in a humiliating or
degrading act if he or she—
(a)
subjects a victim to, or compels a victim to engage in, a
humiliating or degrading act (where the victim does not consent to being
subjected to, or engaging in, the act); or
(b)
encourages, supports or assists another person to engage in conduct of a kind
referred to in paragraph (a) in relation to a victim.
(9) In this
section—
"broadcasting" includes datacasting;
"media organisation" means—
(a) an
organisation that engages in broadcasting pursuant to a licence under the
Broadcasting Services Act 1992 of the Commonwealth or that is otherwise
authorised under a law of the Commonwealth to engage in broadcasting; or
(b) an
organisation that is a constituent body of the Australian Press Council or is
authorised under a law of the Commonwealth to engage in publishing;
"publish" means publish by newspaper, radio or television, or on the internet,
or by other similar means of communication to the public;
"victim" means a person subjected to, or compelled to engage in, a
humiliating or degrading act (where the person does not consent to being
subjected to, or engaging in, the act).