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What you post on Facebook can now land you in gaol. A 20 year
old Sydney man was recently gaoled for six months after he posted
nude pictures of his ex-girlfriend on the social networking
site.
He posted six revealing and embarrassing photos of her on his
Facebook site and then emailed her to tell her the photos were on
Facebook. She ran to his flat and demanded he remove them. When he
refused, she called the police. He told police the woman had hurt
him and it was the only thing he had to hurt her. He invited a
mutual friend to join his page as a friend so he would see the
photos.
In a legal first for posting on a social networking site, he was
found guilty of "publishing an indecent article".
Under section 578C of the Crimes Act 1900 (NSW) an article can
include "anything that is looked at" and publish can
include "distributing, disseminating, circulating or
delivering" the article. The maximum penalty is 12 months gaol
and a fine of $11,000.
Deputy Chief Magistrate Jane Mottley said there was a "need
to prevent crime by deterring both the offender and the community
generally from committing similar crimes. This is a particularly
relevant consideration in a matter such as this where new age
technology through Facebook gives instant access to the world.
"Incalculable damage can be done to a persons'
reputation by the irresponsible posting of information through that
medium. With its popularity and potential for real harm, there is a
genuine need to ensure the use of the medium to commit offences of
this type is deterred."
The man's sentence of six months gaol served as home
detention was later overturned on appeal to a suspended
sentence.
Under Federal law there can be three years gaol for publication
and dissemination of material through telecommunications that is
intended to threaten, harm or is menacing or offensive. Two
military cadets are facing charges under these laws for allegedly
skyping a female cadet having sex with a colleague without her
knowledge.
While only a handful of charges have emerged so far, it's a
clear warning that the law is catching up with technology. Try to
humiliate, harass or threaten people through social media and you
could face gaol time. Even those who post photos of people charged
with serious crimes or call them killers or murderers can face
charges of contempt of court. People are being sued for their
tweets.
There is no longer open slather on the internet.
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