NSW DPP calls for revenge porn laws

NSW prosecutors have called for a criminal offence specifically targeting revenge porn, arguing there's a gap in the existing law.

In its submission to a federal parliamentary inquiry, the NSW Office of the Director of Public Prosecutions says existing laws pre-date the revenge porn phenomenon - when naked or sexual images of a person are shared without their consent to humiliate or embarrass them.

It leaves victims suffering anxiety, depression and serious psychological harm, the submission by deputy director Keith Alder said.

"A specifically-targeted criminal offence would fill a gap within the existing law and go some way to addressing what is a growing - and highly damaging - concern within society."

South Australia and Victoria are the only Australian jurisdictions with laws targeting revenge porn, with a maximum penalty of two years imprisonment.

Mr Alder says offenders can be charged under existing commonwealth legislation with using a carriage service to menace, harass or cause offence.

But those laws fail to encapsulate all types of harm caused by revenge porn, like humiliation, distress, embarrassment or shame.

Mr Alder says an offence designed to target revenge porn should criminalise pictures and video distributed through new and traditional technologies, also possibly capturing those who show rather than send an image to others.

The offender would need to prove they received explicit consent from the person in the image to disseminate the picture at that particular time, and in that manner.

The offence should be dealt with in the local court as a summary offence, with a two-year maximum penalty.

The laws should also be accompanied by an education program to deter offenders and warn them of the consequences, Mr Alder said.

The Commonwealth Director of Public Prosecutions has also told the inquiry there are limitations on existing federal laws to adequately deal with revenge porn.

If parliament does create a new offence criminalising revenge porn, it should consider an "aggravated version" of the offence for younger victims, the submission says.

But it warns there are potential constitutional limitations that would need to be addressed with a commonwealth offence and state laws criminalising the same conduct.

The Senate inquiry into revenge porn and its impact is due to report to parliament on February 25.