Sexting is the sending of provocative or sexual photos and messages on mobile phones and online without consent. With the rise of smartphones, and the ease of which video and images can be distributed on social media platforms, sexting as a phenomenon has been on the rise in recent years and the likelihood that a scorned lover may post private images in a fit of rage has increased significantly. Sexting can be a very serious concern and can cause great distress to victims
Sharing private messages and images is an invasion of privacy. Creating and/or distributing sexual images with minors may constitute the production and/or distribution of child sexual abuse material. This can be the case even if the people in the image are willing participants. The legal outcomes vary by state and territory and are addressed on a case-by-case basis. If you need advice or legal representation in relation to civil sexting claims, Barrie Goldsmith is one of the leading solicitors in this area in Australia.
LANDMARK SEXTING/SEX TAPE CASE
In 2015, Barrie Goldsmith appeared in a landmark case in Western Australia concerning sexting. It created legal precedent because it was the first time that the law had been exhaustively considered in relation to the modern day phenomenon of sexting. A link to the case on the Supreme Court of Western Australia’s website can be viewed here or can be downloaded as a PDF.
Subsequently, Barrie was also retained in another sexting case in WA but the case was settled, so that there is no publicly available information on that judgment.