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Cyber Crime In Australia

Decent Essays

Technology has today become a part of our daily lives – the introduction of things like mobile phones, computers, and the internet have revolutionised the way we go about even the simplest tasks. However, this does not mean that there are not downfalls to this incredible growth. As time develops and technology with it, so do opportunities for new and unforeseen crimes (Hunton, 2009, pp. 529). This submission will examine both the flaws in current legislation with regards to one of these newly developing crimes, as well as giving particular recommendations to solve the problems outlined. ‘Revenge porn’ is the colloquial term for the non-consensual sharing or creating of pornographic or intimate images, typically – but not always – by a former …show more content…

A Canadian study in 2015 found that falling victim to this act, aside from leaving victims humiliated and with severe trust issues, can also cause victims to suffer from serious mental illnesses such as post-traumatic stress disorder (PTSD) and depression (Bates, 2015, pp. 61-65). They are also more prone to suicidal thoughts and self-harm, due to problems caused in both their personal lives and workplace regarding social isolation and damaged reputations (Bloom, 2016, pp. 241). Australia’s lack of any definite, constitutional right to privacy (Pearson & Polden, 2014, pp. 413) means there is little available to them in that respect (Donaldson, 2005, pp. …show more content…

However, in using this prosecutors must prove both that harm was caused, and that it was caused intentionally (Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act 2004, s 474.17). This particular approach was used in the case of R v McDonald and Deblaquiere, where it was found that the accused’s use of Skype to broadcast himself having sex with a woman without her consent constituted the use of a carriage service to distribute offensive material (R v McDonald and Deblaquiere 2013, ACTSC 122). However, it was noted that there was no legal definition of ‘offensive’, leaving many legal professionals questioning which material rises to being

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