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Post a photo of Yassmin Abdel Magied without her head scarf and you could be fined $105,000

Publish a photo of Yassmin Abdel Magied without her head scarf and you could be fined $105,000 under new legislation Turnbull introduced yesterday.

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Yesterday communications minister Mitch Fifield and minister for women Michaelia Cash made this announcement:

The Turnbull Government today introduced landmark legislation to prevent the sharing of intimate images online without consent.

This legislation builds on the Turnbull Government’s commitment to ensuring women are safe at home, safe on the streets and safe online.

The Turnbull Government has listened and is providing what women have been asking for which is effective and timely removal of non-consensually shared images.

The Minister for Women, Michaelia Cash said this legislation will ensure victims get fast action to remove images.

“Image-based abuse is often a method used to intimidate and harass women, it is a growing problem and we are taking strong action to let perpetrators know we will not tolerate it.”

Any "intimate image" of someone posted on say Twitter Instagram or Facebook without the person's consent and that'll be $100,000 thank you very much.

The Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2017 will introduce a federal civil penalty regime targeted at perpetrators and content hosts who share intimate images without consent.

Penalties of up to $105,000 for individuals and up to $525,000 for corporations can be applied for breaches of the prohibition.

So what's an "intimate image"?

The legislation says it's an image that depicts or appears to depict

the person’s genital area or anal area (whether bare or covered by underwear)

the person undressed, or using the toilet, bath or shower 

But it's not just nudity that could earn you a $100K fine.

The Bill provides that if:

because of the person’s religious or cultural background, the person consistently wears particular attire of religious or cultural significance whenever the person is in public; and

the material depicts, or appears to depict, the person without that attire

$105,000 thanks very much.
 
So who gets to hand out the $100K tickets?
 
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The eSafety Commissioner started out as the Children's online safety agency in July 2015.

Since then Turnbull has upsized it.

It was still listed as the Children's eSafety body in the 2017-18 budget papers:

The Australian Government’s online safety measures, including the Women’s Safety Package, are delivered by the Office of the Children’s eSafety Commissioner, which is an independent statutory office within the ACMA.

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And now it has its own special legislation with the power to issue $105,000 fines for photos of people in their undies.

Thanks Turnbull.

 

And because violence against women is flavour of the month - guess what posting an intimate photo online has now become?
 
Here are a few of the references to violence taken from the Explanatory Memorandum accompanying the Bill.
 

Human rights implications

The Bill engages the following human rights:

  • the right to protection from exploitation, violence and abuse

People also have the right to protection from exploitation, violence and abuse, as contained in Article 20(2) of the ICCPR and related conventions. At a general level, because of the sensitive and personal nature of intimate images, people expect that such images are only used for purposes for which consent was provided.

The right to protection from exploitation, violence and abuse

The right to protection from exploitation, violence and abuse is primarily contained in Article 20(2) of the ICCPR and other related conventions. The ICCPR and related conventions requires Australia to take measures to protect persons from exploitation, violence and abuse.

This right is engaged as the Bill is primarily directed to protecting vulnerable people from the harm that can result from the non-consensual sharing of an intimate image.

The Bill promotes the right to protection from exploitation, violence and abuse as it prohibits the non-consensual sharing of intimate images.

Accordingly, the Bill is consistent with the right to protection from exploitation, violence and abuse, as the measures contained in the Bill are directed towards the protection of persons from exploitation, violence and abuse.

The measures in the Bill promote the right to protection from exploitation, violence and abuse.

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