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Part 10 · Online Harmful Activities — Torts

83. Tort of intimate image abuse

(1)

A person (X) must not make any communication that constitutes intimate image abuse.

(2)

If X contravenes subsection (1), the victim of the intimate image abuse may bring civil proceedings in a court against X.

(3)

In any proceedings mentioned in subsection (2), it is a defence for X to prove —

(a)

that X’s conduct was reasonable;

(b)

that X had reasonable grounds to believe that the victim consented to the communication of the intimate image or recording; or

(c)

that X did not know and had no reason to suspect that the material that X had communicated was an intimate image or recording.

(4)

In this section —

“intimate image or recording” has the meaning given by section 13(2);

“victim”, in relation to intimate image abuse, means the victim mentioned in section 13(1).

Part 11

Administrators — Duties and Torts

Part 12

Online Service Providers — Duties and Torts

Part 13

Damages and Remedies

Part 14

Jurisdictional, Procedural and Miscellaneous Matters

Part 15

Amendments to Other Acts

Schedules