Posted by Charles Alexander and Althea Hartley
A 20 year old Sydney man, Rashan Usmanov, was recently sentenced to six months imprisonment by the NSW Local Court for posting nude images of an ex-girlfriend on his Facebook page. The images displayed the ex-girlfriend in certain positions that clearly showed her breasts and genitalia. Usmanov had refused to take down the images at the request of the ex-girlfriend and had reposted them after taking them down at the request of the police.
Usmanov was charged under section 578C of the Crimes Act 1990 (NSW), which makes it an offence to publish indecent articles. The maximum penalty for an individual found guilty of this offence is a $11,000 fine or 12 months imprisonment (or both).
In her judgment, Deputy Chief Magistrate, Jane Mottley, remarked on the importance of deterring both the defender 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. Facebook as a social networking site has limited boundaries. Incalculable damage can be done to a person's 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 this medium to commit offences of this type is deterred.'
This case illustrates an alternative method for redressing a breach of privacy which was not dependent upon separate privacy legislation. Although, it did not provide a means of obtaining financial compensation for any harm the ex-girlfriend may have suffered.
The full judgment can be viewed here.
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