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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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.
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