What the law says about sexting in Western Australia

June 29, 2022

What the law says about sexting:

In Australia, the law states that all people must be 18 years old or older to make, keep, send or ask for sexualised images, videos, messages or texts (even of yourself). This can be seen under the law as child pornography and serious legal consequences can apply.   

The law classifies a sexualised image is any picture, photo or video that shows a young person naked, partially naked, in their underwear, in a sexual pose, or engaging in sexual activity. This includes real photos and pictures, photo-shopped images, videos, stories, drawings and even cartoons. They can be digital, electronic, or printed. 

If you are under the age of 18, it is against the law to create or keep a sexualised image of yourself, even if you don’t plan on sharing or showing it to anyone else. This can be classed as possession of child pornography. 

Even if you are over the age of 18, you still can’t take, keep, send or ask for a sexualised image of someone who is not yet 18 years old. These laws apply, even though the young person may be over the age of consent. 

You have the right to say ‘no’ to being involved in any type of sexual activity, including being in a sexy photo or video. A person who really cares about you will respect your decision, even if they’re disappointed. For more information on sexting and the law, check out Legal Aid https://www.legalaid.wa.gov.au/ and the eSafety Commissioner’s website https://www.esafety.gov.au/ 

For all persons over the age of 18 consent should still be gained before taking or sending sexualised images or messages. Consensual dick picks can be fun, non-consensual dick pics aren’t so great.