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Inquiry into the phenomenon colloquially referred to as ‘revenge porn’

1. Thank you for the opportunity to make a submission to the above inquiry. 

2. The Law Council acknowledges the assistance of the Law Society of South Australia, the South Australian Bar Association, the Law Institute of Victoria, and the Human Rights Committee of the Law Society of New South Wales in the preparation of this submission. 

3. Attached to this letter is a copy of a Law Council submission made on 2 October 2015 to Mr Tim Watts MP in respect of a private members Bill seeking to introduce a specific offence for the phenomenon colloquially referred to as ‘revenge porn’ (Annexure A). 

4. The attached submission may assist the Senate Legal and Constitutional Affairs References Committee’s (the Committee) consideration of paragraphs (c) and (d) of the Terms of Reference for its current inquiry, namely: 

(c) potential policy responses to [the emerging revenge pornography] problem, including civil and criminal remedies; and 

(d) the response to revenge porn taken by Parliaments in other Australian jurisdictions and comparable overseas jurisdictions. 

5. The current submission focuses on the following observations. 

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