The proposed section 26DA, regarding a Threat to distribute invasive image or image obtained from indecent filming, provides
(1) A person who— (a) threatens to distribute an invasive image of a person; and (b) intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused, is guilty of an offence. Maximum penalty: (a) if the invasive image is of a minor—$10 000 or imprisonment for 2 years; (b) in any other case—$5 000 or imprisonment for 1 year.
(2) A person who— (a) threatens to distribute an image obtained by the indecent filming of a person; and (b) intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused, is guilty of an offence. Maximum penalty: (a) if the person filmed was a minor—$10 000 or imprisonment for 2 years; (b) in any other case—$5 000 or imprisonment for 1 year.
(3) It is a defence to a charge of an offence against subsection (1) or (2) to prove— (a) that— (i) the person filmed consented to that particular distribution of the image the subject of the filming; or (ii) the person consented to distribution of the image the subject of the filming generally; and (b) that the person had not, at the time of the alleged offence, withdrawn consent to the distribution of the image.
(4) This section applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct, and may be explicit or implicit.Section 26C, regarding Distribution of invasive image is to be amended
26C(1) Maximum penalty: (a) if the invasive image is of a minor—$20 000 or imprisonment for 4 years; (b) in any other case—$10 000 or imprisonment for 2 years.
