What are "intimate images" (nudes)?

Intimate images/videos can be of someone nude or semi-nude. These are commonly produced and shared with another person consensually, however, under New Zealand law, this doesn’t mean the other person has consent to share these intimate images/videos with other people. 
Additionally, images/videos that make it appear as though a person is in an intimate position they didn’t produce is also included in image-based abuse.
 

Is Image-based abuse Illegal?

Under the Harmful Digital Communications Act, Sharing/ threatening to share nude or nearly nude images/videos of someone else without their consent can be an offence. If prosecuted under the Harmful Digital Communications Act, the penalties can be a fine of up to $50,000 or up to two years’ jail for an individual, and up to $200,000 for a body corporate.
 
How to get help if you're experiencing image-based abuse:

First of all know that it is NOT your fault, however, If someone has shared an intimate image/video of you,  report this to the police and contact Netsafe. They can help you get the online content removed and explain the options available under the law. Their service is free and confidential and they regularly deal with these types of reports. They normally don’t need copies of the image/video, but they may need you to supply URLs to the content. This is so they can explain to the platform the content is wanted to be removed.

What to do if your images have been shared:

 

1. Screenshot the content if you can and record the URL, the time it was posted and any other relevant details like how it made you feel

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     2. Report the content to the platform that it’s on

• Facebook

• YouTube

• Twitter

• Instagram

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     3. Report the profile/account of the person who shared the content to the platform (e.g. Facebook,           Twitter etc.)

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     4. Contact Netsafe if you would like advice on the options available to you. Their                                      helpline is open from 8am – 8pm Monday to Friday and 9am – 5pm on weekends and public                holidays
 

FAQS:

What if I sent the images/video to the person in the first place, or we created them together? By sharing your intimate image/video, this does not mean that person has consent to share it with others under the law. Netsafe can help you have the content removed and explain the options available to you.

What should I do if someone sends me intimate images/videos? Do not share intimate images of other people without their consent. If you come across intimate images of others unintentionally, delete the content immediately and do not pass it on.

What do I do if I’ve shared someone’s intimate images? If you have shared intimate content of someone without their consent, delete it immediately. If you have done this, and would like some help contact Netsafe for information.