Disclosure of data message of intimate image

Disclosure of data message of intimate image

16.

(1) Any person (‘‘A’’) who unlawfully and intentionally discloses, by means of an electronic communications service, a data message of an intimate image of a person (‘‘B’’), without the consent of B, is guilty of an offence.

(2) For purposes of subsection (1)—

(a) ‘‘B’’ means—

(i) the person who can be identified as being displayed in the data message;

(ii) any person who is described as being displayed in the data message, irrespective of the fact that the person cannot be identified as being displayed in the data message; or

(iii) any person who can be identified from other information as being displayed in the data message; and

(b) ‘‘intimate image’’ means a depiction of a person—

(i) real or simulated, and made by any means in which—

(aa) B is nude, or the genital organs or anal region of B is displayed, or if B is a female person, transgender person or intersex person, their breasts, are displayed; or

(bb) the covered genital or anal region of B, or if B is a female person, transgender person or intersex person, their covered breasts, are displayed; and

(ii) in respect of which B so displayed retains a reasonable expectation of privacy at the time that the data message was made in a manner that—

(aa) violates or offends the sexual integrity or dignity of B; or

(bb) amounts to sexual exploitation.

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