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ARTICLE · 02 FEBRUARY 2015

Damages awarded for revenge porn - privacy or confidential information?

In the absence of a right to sue for invasion of privacy, the case relied on the protection of confidential information.

AustraliaLitigation, Mediation & Arbitration

"Sexting" and "Revenge Porn" are two terms which have entered the modern lexicon in recent years. "Sexting" involves electronically sending explicit images; usually (but not always) of oneself; usually (but not always) by mobile phone or smartphone; and usually (but not always) to an intimate acquaintance.

Sexting can result in "revenge porn" if a relationship ends acrimoniously and one party decides to publish the images in order to cause distress and embarrassment to their former partner.

These two phenomena were at the centre of a case decided in the Supreme Court of Western Australia earlier this month. The case represents a small step in the evolution of Australian law as it attempts to deal with issues of privacy and confidentiality in the Facebook age.

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