Publish Indecent Article on Social Media

In New South Wales, it is an offence to publish an indecent article on social media. The maximum penalty for this charge in NSW is 1 year imprisonment and/or a fine of $1,100 for a person or a fine of $2,200 for a corporation. 

What is Publish Indecent Article on Social Media?

The legislation describes the offence of ‘Publish Indecent Article on Social Media’ under Section 578C(2) of the Crimes Act 1900 (NSW) which states:

A person who publishes an indecent article is guilty of an offence.

1. An article including anything:

1. 1. That contains or embodies matter to be read or looked at, or
   2. That is to be looked at, or
   3. That is a record, or
   4. That can be used, either alone or as one of a set, for the production or manufacture of anything referred to in paragraphs (a), (b), or (c).

But it does not include:

1. 1. Any film that is classified (other than RC r X 18+) under the Commonwealth Act, or
   2. Any publication that is classified Unrestricted, Category 1 restricted or Category 2 restricted under the Commonwealth Act, or
   3. Any computer game that is classified (other than as RC) under the Commonwealth Act, or
   4. Any film, publication or computer game that is the subject of an exemption under Division 3 of Part 6 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995.

‘Publish’ includes:

1. Distribute, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell, offer for sale, let on hire or offer to let on hire, or
2. Have in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a), or
3. Print, photograph or make in any other manner (whether of the same or of a different kind or nature) for the purpose of doing such an act.

The following acts might constitute Publish Indecent Article on Social Media:

• Posting a video of a beheading on social media
• Sharing a post which promotes the abuse of children on your Facebook page
• Re-posting a photograph of porn on your Twitter

What Must Be Proven?

For a person to be found guilty of Publish Indecent Article on Social Media, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you published an article
• The article contained content that was indecent

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences to Publish Indecent Article on Social Media 

The following defences may be available for a Publish Indecent Article on Social Media charge:

• That you were not the one who published the article;
• That the article was not indecent in nature
• Necessity
• Duress 

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible. 

In NSW, a Court can impose any of the following penalties for a Publish Indecent Article on Social Media charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for this offence might jeopardise your job. 

Will I go to Gaol?

There is a possibility you may receive a goal sentence up to 1 year imprisonment. It is important that you get expert advice to assist you if you are facing this charge. 

What should I do if someone hacked my account and posted an indecent article?

If your account is hacked and someone else posts an indecent article using your account, please contact Armstrong Legal immediately. 

What if I did not post the original content, but I just reposted it?

Even if you did not upload the original post, it is still an offence to repost and reshare the indecent article. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.