Young people may find navigating laws on sexting confusing – this is because there are both state and national laws that may apply to sexting. This module is designed to explain the different laws on sexting and how they apply to young people so that they can make informed decisions about engaging in online sexual activity. It is noted that this module is not designed to replace seeking professional advice. Young people who are considering engaging in sexting should speak to a professional, such as a lawyer or a counsellor to understand both the health and legal consequences.
In NSW, there are no laws that specifically mention sexting. However, due to the nature of the material that is created or distributed, child pornorgraphy laws can apply to sexting that occurs between two underage people. Whilst these child pornography laws were designed to protect young people from the harm that they may experience from being taken advantage of by adults, they may now be used to penalise young people who engage in consensual sexting in very limited situations.
Young people are encouraged to understand the consequences of engaging in sexting at different ages, and know where to turn for help if they are unsure if something is safe, or legal.
All of our resources are free to download and use. If you have any questions about the materials, or would like to request changes/corrections, you can contact us here.
Please note that this module has been uploaded in draft form for feedback and testing – it should be noted that we cannot guarantee the legal accuracy of draft modules.
Last updated: April 2019