There are a number of State and Commonwealth offences that criminalise indecent filming and the distribution of humiliating, degrading or invasive content. This is often referred to as image-based abuse.

Aside from potentially being a criminal offence, image-based abuse can also be investigated by the eSafety Commissioner, who can require the removal of images from websites, and can issue civil penalties in certain circumstances. Visit the eSafety Commissioner's website for more information.

Distribution of invasive images – South Australian law

Section 26C of the Summary Offences Act 1953 (SA) prohibits the distribution of an invasive image where a person knows, or has reason to believe, that the other person does not consent to the distribution.

An invasive image is a moving or still image in which the person is shown in a place other than a public place

A private act includes a sexual act and using a toilet [s 26A(1)].

An invasive image can include an image that has been altered by digital or other means [s 26A(1)].

The definition of invasive image excludes images that fall within the standards of morality, decency and propriety generally accepted by reasonable adults in the community [s 26A(3)]. This might include, for example, parents sharing photos of their baby to family.

The maximum penalty for distributing an invasive image is a fine of $10,000 or imprisonment for 2 years. These maximum penalties double if the person depicted is younger than 17.

It is a defence to a charge of distributing an invasive image if it was for a medical, legal, scientific or law enforcement purpose or if it was undertaken by a licenced investigation agent in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit [s 26C(2)].

Threat to distribute an invasive image

It is also an offence to threaten to distribute

with the intention of causing the person fear or being recklessly indifferent as to whether fear is caused [Summary Offences Act 1953 (SA) s 26DA(1), (2)].

Indecent filming is defined in s 26A(1) and includes filming someone in a state of undress in circumstances where they would expect privacy. For more information, see Indecent filming.

A threat may be directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct. Both explicit and implicit threats are recognised [s 26DA(4)].

The maximum penalty is a fine of $5,000 or imprisonment for 1 year. These maximum penalties double if the person depicted is younger than 17.

It is a defence to a charge against s 26DA that the person depicted in the image consented to that particular distribution of the image or to the distribution of the image generally. Such a defence may only be relied upon if the person depicted had not withdrawn their consent [s 26DA(3)]. A person under the age of 17 or with a cognitive impairment cannot provide effective consent [s 26E].

It is also an offence to engage in humiliating or degrading filming or to distribute an image obtained by humiliating or degrading filming. See Humiliating or degrading filming.

Artificially generated depictions

From 3 November 2025, it is an offence to create or distribute a humiliating, degrading or invasive depiction of a simulated person [Summary Offences Act 1953 (SA) ss 26G, 26H]. This is intended to target the creation and distribution of material commonly known as deepfakes.

A simulated person is a person depicted in artificially generated content that purports to be or resembles a depiction of a real person [s 26F].

Artificially generated content means visual, audio or audiovisual content created [s 26F]:

Artificially generated content does not include content captured by the other offences discussed above, such as invasive images that have been digitally altered.

A depiction includes a still image, a video and an audio recording depicting a real person [s 26F].

A humiliating or degrading depiction and an invasive depiction are defined in similar terms to the definitions used in respect of humiliating or degrading filming and distributing invasive images (above), but only in relation to artificially generated content depicting a simulated person [s 26F].

It is a defence to a charge against s 26G or s 26H if the creation or distribution occurred with the written consent of the person or persons depicted. A person under the age of 17 or with a cognitive impairment cannot provide effective consent [s 26J].

The maximum penalties for creating or sharing humiliating, degrading or invasive artificially generated depictions include fines of up to $20,000 and imprisonment for up to 4 years, depending on whether the depiction was humiliating or degrading or invasive and depending on whether the real person depicted is under the age of 17.

From 3 November 2025 it is also an offence to threaten to distribute a humiliating, degrading or invasive depiction of a simulated person, with a maximum penalty of a fine of $5,000 or imprisonment for 1 year (doubled if the person depicted or threatened is under 17) [see s 26I for more detail].

Transmission of sexual material without consent – Commonwealth law

The Commonwealth Criminal Code is set out in Schedule 1 to the Criminal Code Act 1995 (Cth).

It is an offence, under s 474.17A of the Criminal Code, to use a carriage service to transmit sexual material of another person who is or appears to be 18 years or older if the person transmitting the material knows that the person depicted does not consent to the transmission or is reckless (gives no thought) as to whether they consent.

Carriage service is broadly defined in the Telecommunications Act 1997 (Cth) and includes telephone calls, text messages and internet-based services such as social media and email. Transmit includes make available, publish, distribute, advertise and promote [s 474.17A(4)].

For the purposes of s 474.17A, sexual material means material that depicts

Sexual material includes material in an unaltered form and material that has been created or altered using technology [s 474.17A(2)]. This is intended to capture images, videos and audio that have been altered, edited or entirely created by digital technology (including artificial intelligence), commonly referred to as deepfakes.

The maximum penalty for this offence is imprisonment for 6 years.

Section 474.17A(1) will not apply if the transmission of sexual material is for a legitimate medical, scientific or law enforcement purpose or a reasonable person would consider the transmission to be acceptable [s 474.17A(3)].

Section 474.17AA creates aggravated offences if a person commits an offence against s 474.17A(1) and

The maximum penalty for an aggravated offence is imprisonment for 7 years.

If the material depicts a person who is, or appears to be, under 18, then it may be considered child abuse material and is covered by other sections of the Commonwealth Criminal Code.