Most states and territories have specific laws against taking photos or videos of this kind.Under the law, private parts include a person’s genital or anal area (even when covered by undies, in some cases).
For more information on indecency laws for your state and territory, check out your state’s page on sexting on Lawstuff.
It’s NEVER ok to photograph or record someone’s private parts or private activities without their knowledge or permission.
While defamation can be a crime in extreme circumstances, it is most often a basis for suing someone in court.
For example, in Queensland, a guy sent a naked photo of his ex-girlfriend to a nudie magazine as revenge, and the magazine published the photo along with embarrassing commentary.
Even in states and territories where there is no specific law about taking photos or videos of private parts or activities, there are other laws that can apply.
For example, every state and territory has laws against stalking.
This page explains the laws that apply when you use the photo or recording functions on your phone.
It also explains what you can do to stay out of trouble and your options if someone has an inappropriate photo or video of you.
It’s NEVER ok to take (or post/send/keep) an image of someone under 18: · showing their private parts (genitals, anus or breasts) for a sexual purpose; · posing in a sexual way; · doing a sexual act; or · in the presence of someone who is doing a sexual act or pose. The local police do NOT need to get this permission before charging you under similar state and territory laws, so be sure to check out the laws that apply to you on Lawstuff.
Asking for, taking, posting or sending a nude/sexy image of a young person can also be illegal if it’s considered “indecent”.
There are different rules for photographing or recording things depending on whether you are in a public place or on private property.