The legal framework
The Online Safety Act 2021 gives the eSafety Commissioner an image-based abuse scheme: a person whose intimate image has been shared without consent can complain and the Commissioner can issue removal notices to the person who posted it and to the platform, backed by civil penalties. Criminal offences exist at Commonwealth and state level in parallel.
Key points
| Regulator | eSafety Commissioner, free complaints, no lawyer needed |
|---|---|
| Removal notices | To the poster and to the service, with civil penalties for non-compliance |
| Deadline | Services are expected to act within 24 hours of a notice |
| Criminal law | Commonwealth offence of using a carriage service to menace or harass, plus state offences |
| Public photography | Generally lawful; there is no general image right |
| Deepfakes | Sexually explicit deepfakes are covered by recent Commonwealth reform |
| Civil penalties | Apply to individuals as well as services that ignore a removal notice |
| No court needed | The Commissioner acts administratively |
| Threats | Threatening to share an intimate image is also covered |
In practice
- Save the evidence before reporting: screenshots with the URL and date, the account name, and any messages.
- Use the platform's own reporting form first — it is the fastest route to removal — then report to the authority.
- Use StopNCII.org or Take It Down for intimate images: they create a digital fingerprint so participating platforms can block re-uploads without you sending the image anywhere.
- Do not pay a person demanding money to delete an image: payment almost always leads to further demands.
- Report to eSafety with links and screenshots; they contact the platform directly.
Where to go
- eSafety Commissioner, esafety.gov.au.
- State police.
- Community legal centres.
Worth knowing
The eSafety scheme is the most effective tool available in Australia and it is free: use it before considering any court action. The eSafety scheme reaches overseas platforms and has a high compliance rate. It costs nothing and does not require legal representation.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments