53PMeaning of *consent*

53P Meaning of *consent*

(1) Consent, in relation to the production or distribution of an intimate image, means free and voluntary agreement.

(2) A person does not consent to the production of an intimate image just because they consented to the production of a different intimate image (including an intimate image produced on a different occasion or in a different way).

Consenting to a photograph being taken but not a video being recorded.

(3) A person does not consent to the distribution of an intimate image just because they—

(a) consented to the distribution of that intimate image—

(i) on a different occasion; or

(ii) in a different way; or

Consenting to a photograph being emailed to another person but not uploaded to a social media website.

(b) consented to the distribution of a different intimate image; or

(c) consented to the production of that intimate image or a different intimate image; or

(d) distributed that intimate image or a different intimate image; or

(e) in the case of distribution of an intimate image to a particular person, consented to the distribution of that intimate image to a different person.

S. 53Q inserted by No. 38/2022 s. 22.