“THINK carefully about how hard you want to hurt someone…before you click send,” warns Senator Kamina Johnson Smith, leader of Government Business in the Senate.

Her warning, which was delivered last Friday as the Senate debated amendments to the Cybercrimes Act 2026, speaks specifically to revenge porn. Johnson Smith highlighted that people found guilty of revenge porn face fines of up to $10 million and prison terms of up to 20 years.

At the end of the debate the amendments were passed in the Parliament’s Upper House with full bipartisan support. The Bill was earlier passed in the House of Representatives on February 3 and now awaits the governor general’s assent ahead of being gazetted.

Johnson Smith, who’s also the minister of foreign affairs and foreign trade, focused on clause 5, which affects Section 9 of the Act. There are two significant changes: one replaces the narrow wording of “sending to another person” — which is found in Section 9 of the Act — with the broader concept of publishing. This is the clause that speaks to the malicious use of a computer. It redefines the concept of publishing to indicate “where something is no longer held by one person”.

“It also creates the new offence and addresses the very real issue of non-consensual sharing or publishing of intimate content…often known casually as revenge porn,” said Johnson Smith.

She explained that malicious communication via a computer includes: publishing to any other person any data — whether in the form of a message or otherwise — that is obscene, and which constitutes a threat or is menacing in nature, and with the intention to harass or cause harm.

“It’s, therefore, a crime that can be reported to the police, so it is not just a matter of being upset, or being fearful, or feeling harassed or aggressed; it is a crime and it can be reported to the police,” Johnson Smith emphasised.

She warned that persons using social media to name and shame their perceived enemies or ex-partners must now be mindful that they are now captured under the amended legislation.

Johnson Smith said that’s why clause 5 now defines “published” as “any image or data in a technology-aware manner that means sending, transferring, posting, disseminating, or otherwise providing access to the image or data”. Clause 4 goes further in creating the offence of publishing an intimate image without consent or being reckless as to whether consent has been given. An intimate image is any image that depicts sexual activity, nudity or partial nudity that is captured, generated or created.

Based on the likely severe consequences that will flow from breaching the updated Cybercrimes Act, Johnson Smith appealed to young people and those “not so young” to “pause and think”.

She cited that “sometimes photos can be taken without your knowledge, and that is one thing”.

“But sometimes you can be in a situation of trust where it is that you feel that a photo that is taken, whether of an intimate moment or of yourself in any state of undress, that it will be just treated as a private moment — and that may well be intended at that time.

“But things can change,” noted the senior legislator who added that, “It is important for you, therefore, to guard very carefully access and permission to persons who are permitted to share this kind of moment with you. This is as gently as I can put it,” she said.

An attorney, Johnson Smith shared with the Senate what it is like “when you hear the stories of the emotional blackmail, the fear, the actual financial blackmail, the bullying that takes place around circumstances that could never have been anticipated”.

She told people who may be facing threats, being bullied or blackmailed “because of a moment of trust or a moment in which your trust was abused, [that] it is a crime and you can report it to the police — and you should”.

She also highlighted the penalties with which offenders could be slapped.

An offender appearing before a magistrate’s court on summary conviction — in the case of a first offence — is liable to a fine not exceeding $4 million or imprisonment to a term not exceeding four years, or both.

“I’m advising the public to take these things seriously. They are serious crimes, it is not a likkle relationship and bwoy, yuh can say sorry and it’s okay. [You can be required to pay] $4 million or [spend] four years in prison for a first offence,” said the foreign affairs and foreign trade minister.

“So think carefully about how hard you want to hurt someone. Think carefully before you take that action and click send,” she added.

The senator pointed out that if any damage occurs as a result of the commission of the offence, the perpetrator faces a fine not exceeding $5 million or imprisonment to a term not exceeding five years, or both. In the case of a second or subsequent offence, regardless of whether any damage is caused, the offender faces a fine not exceeding $5 million or five years, or both.

The penalties get more serious at the circuit court level where, for a first offence, the perpetrator faces a fine or imprisonment to a term not exceeding 10 years, or both fine and imprisonment. If damage is caused, the offender faces a fine or imprisonment to a term not exceeding 15 years, or both.

In the case of a second or subsequent offence, the offender is looking at a fine and prison time of up to 20 years or both fine and imprisonment. Additionally, where the offence is committed against a person under 18 years, a term of imprisonment not exceeding 20 years may be imposed.

JOHNSON SMITH…they are serious crimes, it is not a likkle relationship and bwoy, yuh can say sorry and it’s okay Photo: JIS News