Amidst the drama generated on a recent episode of the popular TV show Married at First Sight regarding the alleged sharing of a nude image of one cast member by another, a number of legal questions have been raised about the legality of sharing intimate pictures of someone without their consent. This issue is deepened by the fact that the image in question was originally published by the website OnlyFans a site which is notorious for the distribution of pornographic images.
There are several legal questions which arise from the alleged public sharing of the image. The situation invokes a number of legal issues particularly with reference to criminal issues under s91Q The Crimes Act which strictly prohibits the intentional distribution of private images without the consent of the owner of the image 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 those on the television show.
The further legal question becomes whether it is a private image since it was willingly shared by the owner on the website OnlyFans.
This question can be answered quite easily with reference to the terms and conditions of OnlyFans 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.
As it is clear that images posted to OnlyFans are not to be disseminated or publicly displayed it is seemingly apparent that through showing the image to her cast mates, Miss Fraser may be in violation of both the OnlyFans guidelines and s91Q Crimes Act.
There is however, another lens through which this issue may be addressed and that is as a violation of copyright. OnlyFans have clear guidelines that state all copyright and intellectual property rights are reserved by the individual creators; thus, it may be possible for the victim in this case Miss Calarco to pursue 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 issues of revenge porn are becoming more and more prevalent and the laws regarding revenge porn are still in their infancy.
For a more in-depth legal perspective on the matter James Janke Partner at Hamilton Janke Lawyers has given an interview with Pedestrian TV– giving a sharp legal analysis of the issues arising from this public dissemination of these privately owned and protected pictures.