What Conor McGregor’s unsolicited nude scandal can teach Aussies

Rapper Azealia Banks has accused MMA fighter Conor McGregor of sending unsolicited nude images. The situation raises key lessons Australians need to know about what’s illegal here.

Rapper Azealia Banks has accused MMA fighter Conor McGregor of sending her unsolicited nude images and threatening her if she went public.

The scathing posts were published on her X account and included screenshots of uncensored photos allegedly sent by the Irish fighter, including an image where he seemingly lifted weights with his genitalia.

Conor McGregor with his fiance, Dee Devlin. Picture: Vittorio Zunino Celotto/Getty Images

One of the alleged screenshots from McGregor reads, “Don’t be a rat cos all rats get caught.”

Banks’ offered a withering take-down in response: “Like how are you really going to sexually harass me with the potato farmer d**k then threaten me not to tell???? Honey…… ain’t u trying to be the president of Ireland what is it giving fam? Use some f****** sunscreen damn.”

Azealia Banks has accused McGregor of sending unsolicted nude images.

The accusations come after a woman named Nikita Hand won her legal battle against McGregor six months ago, after a jury found him guilty of sexually assault.

The MMA fighter is currently engaged to Dee Devlin, who is the mother of their four children.

Here is what you need to know about current Australian laws on sending unsolicited nudes.

ARE UNSOLICITED NUDES A SEXUAL OFFENCE?

According to the Australian Government’s independent online safety regulator eSafety Commissioner, it’s not OK to send nudes, sexual images or sexual videos to someone who didn’t ask for them.

This is sexual harassment.

Conversely, sending a nude of someone else without their consent is image-based abuse and it’s considered illegal in Australia.

This is sometimes referred to as “revenge porn”.

In addition, a person who asks for, accesses, possesses, creates or shares sexualised images of someone under 18 may be at risk of criminal charges – even if you’re both young and you agreed to it.

IS REVENGE PORN ILLEGAL IN AUSTRALIA?

Image-based abuse – sometimes called ‘revenge porn’ – is when someone shares, or threatens to share, an intimate image or video of a person without their consent.

This is illegal in Australia.

If you share intimate images or video of someone else without their consent, this can result in exclusion from your school or other studies, exclusion from child-related employment in the future, loss of your job, criminal charges, fines or damages payments, harm to your reputation, and loss of trust from others.

Generic image of a Sexting App. Supplied

Sexual extortion or ‘sextortion’ is another form of image-based abuse and involves someone trying to blackmail you over a nude or sexual image or video of you. They may demand money, cryptocurrency, gift cards, gaming credits, or more nudes or sexual content.

If someone is tries to blackmail you, the advice given by the eSafety Commissioner is to not pay the blackmailer or give them more money or intimate content.

You should reach out for support, collect evidence, report the sextortion attempt, and cease all communication with the blackmailer.

ARE NUDES CONSIDERED INDECENT EXPOSURE IN AUSTRALIA?

The sending of a variety of unsolicited nude or sexual images to people online without their consent (the most common form is the sending of ‘d**k pics’ to women) is known as cyber-flashing.

According to Criminal Defence Lawyers Australia, offences dealing with obscene or indecent exposure throughout Australia are restricted to exposure which occurs in a public place and does not encompass the sending of unsolicited nude or sexual images via digital means.

An exception exists for Victoria under section 48 of the Victorian Crimes Act, which outlines the offence of “sexual activity directed at another person”.

This offence applies if a person engages in sexual activity in a manner that another person is likely to see without their consent, with intent or knowledge that such activity will cause fear of distress to that person. The offence carries a maximum penalty of five years imprisonment and applies whether conducted in person or via the internet.

If someone shares an intimate picture or video of you without your consent, seek help and report it. Picture: iStock

Cyber-flashing may also be encompassed by section 474.17 of the Federal Criminal Code Act 1995 (Cth), which outlines the offence of using a carriage service (such as the internet) to ‘menace, harass or cause offence’.

This offence carries a maximum penalty of three years imprisonment. The offence applies if a “reasonable person” would regard the conduct as “menacing, harassing or offensive” and would likely include the unsolicited sending of nude or sexual images.

WHAT ARE MY RIGHTS IF I’VE BEEN SENT AN UNSOLICTED NUDE?

If you have been sent unsolicited nudes, it is advised by the eSafety Commissioner to firstly collect evidence by taking a screenshot or recording of any message sent with the image or video, including the sender’s profile name, the date and the time.

The eSafety Commissioner advises you to NOT take a shot of the nude itself, as this can be a crime. If you received the nude via email, keep the email as evidence but don’t download the image or video.

Secondly, report the offence to the police.

If the images were sent through social media, a game or another app, you can report it directly to the service or platform – they may decide to suspend or cancel the account that was used.

Thirdly, prevent further contact with the person sending you the unsolicited nudes by changing your account settings to mute, hide or block unwanted contact.

The online safety regulator advises that if you’re still feeling uncomfortable or a little out of your depth, that’s normal.

You can always speak to someone at the free Kids Helpline (for 5 to 25 year-olds) or find another counselling and support service that’s right for you.

WHAT ARE MY RIGHTS IF I’VE SENT A NUDE PHOTO?

It’s not OK to send nudes, sexual images or sexual videos of yourself to someone who didn’t ask for them.

According to Legal Aid, it’s illegal to create, send, possess or intend to possess images of someone aged (or who appears to be aged) under18 (including yourself) who is: involved in a sexual activity, in a sexual pose, acting in a sexual way, or showing their sexual parts.

You can be charged with a criminal offence for ‘possessing child exploitation materials’ if you’re aged 10 or over.

If you make or possess (have) illegal sexting images or send them to other people you may be charged with distributing child exploitation material, which is a serious crime.

If you’re found guilty of this offence you could be sentenced to up to 7 years in jail if you are 16 or under, or 14 years in jail if you’re 17 or older.

For more information, support and advice, visit esafety.gov.au.

You can also report abuse involving a child through the Australian Centre to Counter Child Exploitation.

If you are in immediate danger please call Triple Zero.

Originally published as What Conor McGregor’s unsolicited nude scandal can teach Aussies