LAWS in Victoria should be changed so a teenager who texts an explicit picture of themselves to a friend is not be treated like pedophile, a report says.
A parliamentary committee looking at the phenomenon of “sexting” has also called for the distribution of intimate images or video of a person without their consent to be made an offence.
MP Clem Newton-Brown, chair of the law reform committee that today released its report into sexting, said the laws in Victoria that currently apply to sexting are wholly inadequate.
Young people who “sext” explicit pictures of themselves are at risk of being charged under child pornography laws, as is the person who receives them, even if the image was unsolicited, he said.
There is also “virtually no redress” for a person whose image is distributed without their consent.
Mr Newton-Brown said police generally use their discretion when dealing with child sexting matters but the committee recommended changes because of the very serious consequences for young people charged under existing legislation.
An 18-year-old convicted of an offence would be placed on the registry of sex offenders, which bars them from working in child-related employment.
“We don't believe that it's appropriate for kids to even be at risk of child pornography laws when they've done nothing more than explore their sexuality in a risky but age-appropriate way with children of similar ages,” Mr Newtown-Brown said.
Victoria Police Deputy Commissioner Lucinda Nolan said the force is keen on examining flexibility in the proposed laws to prevent everyone from having to be placed on the sex offender register.
“The legislation is quite black and white at the moment,” she told reporters.
“If an offence is proven, people go on the sex offenders' register for that, and what we're saying is that it is a fairly wide catchment at the moment and there might be potential to actually reduce that capture.”
Attorney-General Robert Clark says the government will now carefully consider the findings and recommendations of the inquiry, including any legislative amendments arising from the committee's recommendations.
The Victorian government has six months to respond to the committee's report.
