It is an offence to film another person while the other person is being subjected to, or compelled to engage in a humiliating or degrading act, but does not include filming such an act where the other person consents to the filming [see Summary Offences Act 1953 (SA) s 26B(1)]. 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 [see s 26B(4)].
It is a further offence to distribute images obtained from humiliating or degrading filming [see s 26B(2)]. It is a defence to this charge if the defedant did not distribute the images intentionally or recklessly or distributed the images for a legitimate public purpose [see s 26B(5)].
Maximum penalty: Imprisonment for 1 year.
It is also an offence to take part in a humiliating or degrading act that is filmed of another person being humiliated or degraded. This includes the distribution of any image or images obtained as a consequence of the filming [see s 26B(3)].
Maximum penalty: Imprisonment for 2 years.
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