The Law – Nudes-Public Sharing
Sharing Nudes can be against the law
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:
- The Harassment Act
- The Privacy Act
- The Defamation Act
For more DETAILED information about the laws above and your rights related to Nude Images, check out the Sticks ‘n Stones Website.
