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ARTICLE · 25 MARCH 2019

Legal responses to sexting

Sexting involves individuals taking revealing photographs of themselves to share with peers, boyfriends and girlfriends.

AustraliaCriminal Law

Given the increased popularity of Smart Phone ownership amongst teenagers the trend of “sexting” or “nude selfies” has existed for some time. This involves individuals taking revealing photographs of themselves to share with peers, boyfriends and girlfriends. This behaviour is by no means confined to adults and minors engaging in “sexting” have raised significant legal issues as the photographs they take of themselves are legally classified as “child abuse material” or child pornography.

The taking, sending and possession of nude selfies amongst minors have previously amounted to serious offences which could result in imprisonment and registration as a sex offender. While not wanting to promote sexting behaviour amongst minors, authorities have wanted to avoid the association of this behaviour with far more serious offences more conventionally associated with child pornography.

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