Meaning of consent
53P Meaning of consent
S. 53P inserted by No. 38/2022 s. 22.
Consent, in relation to the production or distribution of an intimate image, means free and voluntary agreement.
A person does not consent to the production of an intimate image just because they consented to the production of a different intimate image (including an intimate image produced on a different occasion or in a different way).
Example
Consenting to a photograph being taken but not a video being recorded.
A person does not consent to the distribution of an intimate image just because they—
consented to the distribution of that intimate image—
on a different occasion; or
in a different way; or
Example
Consenting to a photograph being emailed to another person but not uploaded to a social media website.
consented to the distribution of a different intimate image; or
consented to the production of that intimate image or a different intimate image; or
distributed that intimate image or a different intimate image; or
in the case of distribution of an intimate image to a particular person, consented to the distribution of that intimate image to a different person.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.