Family Matters

24 Nov 2017

Sexting, young people & the law

Kids & Family, Sexuality, Society & Culture

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On this episode we are joined by Clayton to help us discuss how to protect, educate and support our kids. It starts by understanding the laws yourself.

We also welcome back Mama Michelle who has been back home to the USA to see her own Mama.

Sexting, Young people & Victorian laws

In Victoria, a sext of someone under 18, or who looks under 18, may be classified as child pornography if the young person is shown in a sexual activity or in an indecent sexual way.

However, there are some exceptions to child pornography laws in Victoria for people under 18. These laws were introduced in Victoria in 2014 to reflect the common nature of young people sending sexts and to stop young people being inappropriately charged or put on the Register of Sex Offenders.

If you are under 18 and in Victoria you can take, keep and send a sexy pic of yourself. And you can take or keep a sexy pic of someone else who is under 18 as long as:

no-one in the pic is more than two years younger than you, and
the pic does not show any crimes (such as rape) being committed.

This means two years exactly. If someone is 16 years and 6 months old, they will break child pornography laws if they have a sexy pic of someone who is 14 years and 2 months old.

And these exceptions do not apply to people over 18, even if they have just turned 18.

Remember, if anyone else in the pic is under 18, you cannot send the pic on, post it online or share it with anyone else. That would break the law of distributing an intimate image.

Sexting is not a legal term, but a term used by the media to refer to the sending, receiving or distributing of material that is sexual in nature, usually via mobile phones but also through posts on social networking sites or blogs. A sext can include images or text. Young people have their own terms to describe sexting, for example, selfies and nudies.

Support materials:

There are many organisations that have professionals who can give young people confidential advice and support:

Centre Against Sexual Assault (CASA)
You can contact CASA 24 hours a day, seven days a week for crisis counselling, support, information and advocacy. Your call will be directed to the CASA in your region.

Tel: 1800 806 292

Kids Helpline
Free, private and confidential telephone and online counselling service specifically for young people aged between five and 25.

Tel: 1800 551 800

Victoria Legal Aid
Free legal help over the phone, Monday to Friday, 8.45 am to 5.15 pm.

Tel: 1300 792 387

Non-legal resources

Centre Against Sexual Assault
The Centre Against Sexual Assault has resources on sexual assault

Safe Schools Coalition Australia
Provides free resources for schools on sexual and gender diversity

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