Nikita’s Story: Being asked over Snapchat
Nikita talks about chatting to someone over Snapchat and starting to really like him and then what happened when she said no to his request for nudes.
If you’re feeling ashamed, worried, concerned or anxious this is normal, but it’s important to know that this it is not your fault.
You trusted that the nudes would not be kept private and not be shared.
Beating yourself up will not make things better.
There are steps you can take to be able to move forward and to not feel stuck or helpless.
You might find it helpful to check out some of the stories to hear about people that have been where you are and what helped them through.
If you know who had the photos/video and you still get on, the first step might be getting in touch with them.
You can then work out if they are the person that shared them or if their phone (or other device) has been left open, hacked or accessed by someone else.
If they genuinely have not shared them they could be helpful in finding out who else could be involved.
If it was them that shared them, and they are willing to help, they are the best person to delete or remove the photos/video because they know exactly where they were first shared, BUT there are still steps to take. Just because the originals get taken down, this does not mean everything is gone. There could still be copies out there.
Netsafe can help here to find out where else they might be.
If you are not talking anymore or things got nasty, you can still report photos or videos to Facebook and other Social media sites or contact the webmaster of websites to get them taken down.
Netsafe can also help by getting in contact with them for you and also taking other steps.
If someone shares naked (or intimate) photos or video of you publicly without your permission, they may be committing a crime under the Harmful Digital Communications Act.
Permission Explained
Permission is also called ‘consent’ and means you understand and agree to something happening. This is voluntary which means you cannot be forced or pressured to agree.
You need to give clear permission for them to be shared publicly (even if you gave permission for the photos/video to be taken initially). If you don’t and they are shared you can go to Netsafe or the Police.
Can I change my mind?
Yes. You are also able to change your mind if things happen or change. Giving permission or consent at one point does not mean you agree to anything to be done with your images/video in the future.
What if the person took the photos in the first place? Can they do what they want with them?
No. Even if the person who shared them took the photos/video themselves they do not have the right to share them without checking with you first. If you are in the images/video, then you have a say.
Find out more about the law and your rights below
If you are under 16 and share photos with someone over 16, even if you have done this willingly, charges could still be made around indecent communication with a young person under 16.
This is also true if you are over 16 and have nude/intimate photos on your phone/device of someone under 16 (even if you did not ask for them).
If someone over 16 asks for an indecent image of someone under 16 AND THEN begins communicating in a way that could be considered ‘sexual grooming’ with the end aim being to meet them in person, this could be against the law.
BUT, it is not an offence for someone over 16 to ask someone under 16 for a nude (or semi nude) image or video.
If you would like help, information or advice around nude images, including getting the content removed online you can contact Netsafe.
Netsafe have years of experience in helping young people deal with harm online, their service is free and confidential.
They can also explain the options available to you and talk to you about the Harmful Digital Communications Act.
To help get the content removed, they won’t necessarily need copies of the image/video, but they will need you to supply URLs to the content and to describe which image/video it is. This is so that they can explain to the platform which content they are requesting they remove.
Find out more by visiting their website or checking out the services section.
Netsafe can also support you to decide whether to take your complaint to the Police.
They also have some great tips about ‘Collecting Electronic Evidence’, click HERE
If the last thing you want to be doing is getting in touch with the person who you believe has shared the images, knowing their details means you can provide these to Netsafe or the Police.
Netsafe can then get in touch with them directly to encourage them to take down the images/video to avoid having to appear in a district court.
If they do not agree, an application can be made to the court to officially request a take down.
Nude images (especially if you are under16) that are shared publicly (without permission) do break the law so can be reported directly to the Police and they can act more quickly if you have provided contact details of the person who shared them.
The police can then charge them with breaching the Harmful Digital Communications Act and they would be arrested and would have to appear in court (or in a Youth court if they are 14-16).
The quicker you can report any photos or videos, the less chance there is of them spreading as widely.
This can be done directly to the Platform (e.g. Facebook, Snapchat, Google etc) or through Netsafe (or both)
You might also do some searching (or get someone else you trust to do this/help you with this) so that you can work out where they might now be able to be seen.
Google also have a form that you can fill in to request photos or videos of you that have been shared without your permission to be removed from Google search results.
This can be really important as even if photos are taken down from sites like Tumblr, the description will often still show up when someone Googles your name.
To find out more about this, check out this article from Google
It also has some great information about contacting Webmasters.
Talking to someone could make this easier to deal with, take practical steps and help make sure it doesn’t have as much of a negative effect on other parts of your life.
You might be feeling
No matter what has happened, you deserve help and there will be people who care about you that will want to help.
Let someone that you trust know that nudes of you have been shared. This could be a friend, parent, auntie/uncle, guidance counsellor, teacher or a family friend.
If the first person you approach doesn’t help, this does not mean that nobody will. Keep trying.
Some ways to get started:
Try not to let it take over everything else. Do things you like with people who can make you laugh. You are more than a moment in time. Things will get better.
You may need to talk to your friends or family about the photos being out there before they see them or have someone contact them about them.
Even if it is scary to start this discussion; if you think they might come across your nudes then you may have to do it. Talking to them before they come across your nudes could minimise or prevent shock, anger and hurt. Taking that first step can really help them to stand by you and give you the support you need.
We totally get that in some situations, you might not be able to share this with your family. But do speak to someone.
In New Zealand, if someone has shared nude photos or intimate images of you (or someone else) without permission, there are a number of laws they might be breaking.
This is ‘image based abuse’ and is a form of sexual harassment.
Images taken without Permission
Under the Crimes Act, there are criminal remedies (or possible solutions) when someone has or shares nudes or intimate images that have been taken WITHOUT someone’s permission.
Examples of this could be photos or video taken with a hidden camera or up someone’s skirt/dress.
Criminal Remedies
Criminal remedies could include a fine of up to $50,000 (for an individual) or up to two years in jail.
There are also criminal OR civil remedies under theThe Harmful Digital Communications Act (HDCA) if someone posts nudes or intimate images WITHOUT someone’s permission.
The criminal remedies do not apply to children (aged 0-13), but can be applied to young people aged 14-16 (within the youth justice system) and individuals aged 17+ (who are treated as adults within the formal criminal justice system).
Civil Remedies
Netsafe can support you with some civil remedies including working with both parties to reach a resolution, working with online content hosts (like Social Media platforms) but they cannot punish anyone or force them to do something.
Civil remedies could also involve a court order where a person can be forced to remove or delete content, give an apology or the identity of someone who posted anonymously revealed.
Images ORIGINALLY taken with permission but then shared
The Harmful Digital Communications Act (HDCA) has remedies if photos or intimate images that were originally taken with someone’s permission are then shared (without permission).
Examples of this could be photos taken by a partner for private use that are then shared in a group or uploaded to a public site after you have broken up.
There are criminal and civil remedies.
Criminal Remedies
Criminal remedies could include a fine of up to $50,000 (for an individual) or up to two years in jail.
The criminal remedies do not apply to children (aged 0-13), but can be applied to young people aged 14-16 (within the youth justice system) and individuals aged 17+ (who are treated as adults within the formal criminal justice system).
Civil Remedies
Netsafe can support you with some civil remedies including working with both parties to reach a resolution, working with online content hosts (like Social Media platforms) but they cannot punish anyone or force them to do something.
Civil remedies could also involve a court order to remove or delete content, get an apology or have the identity of someone who posted anonymously revealed.
What other laws that might apply
Other laws that could apply are:
For more DETAILED information about the laws above and your rights related to Nude Images, check out the Sticks ‘n Stones Website.
Netsafe is an organisation that can provide information and support as well as free and confidential advice if someone has shared your nudes online.
They can:
You can make a report through their website https://www.netsafe.org.nz/report/ or you can free phone them seven days a week on 0508 NETSAFE. They’re open between 8am and 8pm on weekdays, and between 9am and 5pm on weekends and public holidays.
You can make the report yourself, or someone can do it on your behalf.
When you phone them, they will ask you questions so they can understand what’s going on- like how long it has been happening, who is involved and any other information to help them to evaluate your report.If you have evidence like screenshots or links to content and messages, it’s helpful to be able to send these through.
When you make a report online, you will be asked to select from a range of multi choice questions to give information about the situation and the support you (or the person you are making the report for) is receiving, give your contact information and also a ‘short summary’ of what happened.
You will also be asked how concerned you are for your safety.
Whether you make your report by phone or using the online form, you will be given a report number that will create a ‘thread’ of emails to keep all of the communication together.If you make your report online, you will then receive an email confirming your report has been received and that one of the team will be in touch once they have evaluated it using the contact details you gave in the form.
For more detailed information about Netsafe, check out their website www.netsafe.org.nz or our breakdown on the Sticks ‘n Stones website
If someone is causing you ‘serious emotional distress’ by sharing your nudes publicly you can make a complaint to the police.
After finding out what has happened and discussing your options, you will have the chance to make a report.
The Police can investigate the situation and if there is enough evidence, charge someone with an offence under the Harmful Digital Communications Act (or potentially under another Act)
For DETAILED information about what is involved in making a report to the Police and the steps that follow, check out the Sticks ‘n Stones website.
Nikita talks about chatting to someone over Snapchat and starting to really like him and then what happened when she said no to his request for nudes.
Lara talks about feeling pressured to send nudes to a guy she was seeing and how she was blamed after they were shared. She talks about the impact that had on her mental health and gives her advice for getting through.
Nat talks about getting a dick pic from a friend’s account and not being sure how to react. Later she finds out that his account had been hacked so lets him know what happened.
Shannon talks about when a photo was taken up her skirt at her school without her knowing and then shared.
Eve talks about sending nudes in a long term relationship and how this stayed positive.
Mia talks about chatting with a guy online for a few months and then sending nudes after he had asked and how he wouldn’t talk to her afterwards.
Beth shares about her experience with a guy using his charm to try to get a nude from her friend, and from her.
Bailey talks about sending a nude and then being blackmailed to send more.
Steph talks about being asked to send nudes from her boyfriend and what happened when she said no.
Anna talks about being contacted by a stranger on Snapchat and being offered money to send him nudes.
Kelly talks about getting a ‘dick pic’ randomly, what she did about it and how it made her feel.
Cody talks about what happened to one of his friend’s when the guy she was with videoed them having sex and then shared it in groups online.