Distribution of humiliating, degrading or invasive depiction
26H Distribution of humiliating, degrading or invasive depiction
A person who distributes a humiliating or degrading depiction of a simulated person is guilty of an offence.
Maximum penalty: Imprisonment for 1 year.
A person who distributes an invasive depiction of a simulated person is guilty of an offence.
Maximum penalty:
if the simulated person purports to be a real person who is under the age of 17 years—$20 000 or imprisonment for 4 years;
in any other case—$10 000 or imprisonment for 2 years.
It is a defence to a charge of an offence against this section to prove that the distribution of the humiliating or degrading depiction or invasive depiction (as the case may be) occurred with the written consent of each real person depicted in the depiction.
No offence is committed against this section—
by law enforcement personnel and legal practitioners, or their agents, acting in the course of law enforcement or legal proceedings; or
by reason of the distribution of artificially generated content that constitutes, or forms part of, a work of artistic merit if, having regard to the artistic nature and purposes of the work as a whole, there is no undue emphasis on aspects of the work that might otherwise be considered to be a humiliating or degrading depiction or an invasive depiction (as the case may be) of a simulated person.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.