It is an offence to film a person who is being subjected to, or compelled to engage in, a humiliating or degrading act, unless the person consents to both the humiliating or degrading act and the filming [Summary Offences Act 1953 (SA) ss 26A, 26B(1)].
A humiliating or degrading act means
It is a defence to this charge if the defendant did not knowingly film the act, the defendant reasonably believed that the victim consented, or the act was filmed for a legitimate public purpose [s 26B(4)].
It is also an offence to distribute an image obtained from humiliating or degrading filming knowing or having reason to believe that the victim does not consent to distribution [s 26B(2)]. It is a defence to this charge if the defendant did not distribute the images intentionally or recklessly or distributed the images for a legitimate public purpose [s 26B(5)].
The maximum penalty for these offences is imprisonment for 1 year.
It is also an offence to take part in a humiliating or degrading act and either film it or distribute an image from it [s 26B(3)].
The maximum penalty for this offence is imprisonment for 2 years.
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
.png)
.jpg)
.jpg)
.jpg)
Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
.png)
.png)
