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Wednesday, 1 April 2009

I'm watching you!

I'm not really, but I hope the title got your attention!

I'm interested in the interplay of technology and the law. I was asked for advice on a couple of occasions about cases where images of consensual sex were then placed on the internet by one partner, without the other's consent. Is there an offence? Ought there be?

These are not easy questions, and rely on a balance between personal rights and freedoms.

In March 2009 the Victorian Law Reform Commission (VLRC) released a Discussion Paper for its Surveillance in Public Places inquiry.

The VLRC was originally asked to look at publication of photographs without a subject's consent. In October 2006 the Attorney-General removed that issue from the Terms of Reference.

The issue was instead referred to the Standing Committee of Attorneys-General (SCAG).

SCAG released a Discussion Paper in 2005, Unauthorised Photographs on the Internet and Ancillary Privacy Issues, considering some of the problems we see. One interesting solution the Paper suggests is better use of the National Classification Scheme and the take-down powers provided to ACMA.

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