Amidst the drama constantly generated on episodes of the popular TV show Married at First Sight, valid legal questions were raised regarding sharing intimate images without consent.
This article touches on the controversial topic and how the legal system perceives it.
The Offence of Publicly Sharing Intimate Images Without Consent
Several legal questions arose from the alleged public sharing of a contestant’s intimate images by another contestant, on a popular television show.
The situation invoked several legal issues, particularly with reference to criminal offences under s91Q of The Crimes Act, which strictly prohibits the intentional distribution of private images without the consent of the image’s owner and with the knowledge that consent has not been given.
It appears clear in this situation that consent had not been granted for the image to be shared between the participants in the television show.
The Role of Digital Platforms
The contestant originally published the intimate images on a digital platform with a subscriber function for accessing content. This raised further legal questions about whether the image could be classed as private since the owner willingly shared it on the platform.
This question can be answered quite easily with reference to the terms and conditions of digital platforms membership which explicitly states that:
‘No one is to reproduce, publicly display, republish, store, or transmit any material published on their website and the rights to the image remain with the individual posting the image.’
It is clear then that images posted to the platform are not to be disseminated or publicly displayed. Therefore by circulating the intimate image, the contestant may be in violation of both the platforms guidelines and s91Q Crimes Act.
Copyright Laws
There is, however, another lens through which this issue may be addressed and that is a violation of copyright. The digital platform has clear guidelines that state that individual creators reserve all copyright and intellectual property rights. Therefore, it may be possible for the victim in this case to pursue a civil remedy for breach of copyright and intellectual property rights.
It is important now more than ever that issues like this are being brought to the attention of the public as these issues will continue to become more and more prevalent across the digital space.
Key Takeaways
- A "Married at First Sight" episode controversy arose over a nude image shared among cast members, originally from OnlyFans.
- Sharing intimate images without consent violates s91Q of The Crimes Act, highlighting legal issues of consent and image ownership.
- OnlyFans' terms prohibit unauthorized public display or reproduction of content, suggesting potential legal breaches in the scandal.
- The incident underlines copyright and privacy law implications, emphasizing the legal ramifications of distributing such material without permission.
For a further look at this issue and the offence of ‘Revenge Pornography’, read our interview with Pedestrian TV, which provides a legal analysis of the issues arising from the public dissemination of these privately owned and protected pictures.
Written By
James Janke
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
