Currently, there are only two offences under the Online Safety Act, cyber bullying and the non-consensual use of intimate images.
Online Safety Commissioner Filipe Batiwale highlighted this while explaining how the commission deals with online scams, noting that many of the complaints it receives involve romance scams where intimate images are used to extort victims.
Mr Batiwale said many of the scams reported to the commission involve romance scams in which offenders use intimate images to demand money from victims or their families.
“It’s not just online scams, it’s mostly romance scams where intimate photos are used to threaten or to extort money from the other person or their family members with the threat being used to exposure or shame,” he said.
“So that is, right now, it’s an increasing rate of complaints that we are receiving for that.”
Mr Batiwale said victims could access the commission’s complaints mechanism to have intimate images or videos removed without needing to visit the office in person.
“But we have the tools that are available where victims of online abuse through romance scams and extortion, they can upload their photos or videos of the materials that they want taken down.
“It doesn’t need to come to our office. We send a link and they upload it. There’s assurance of confidentiality and also respect for the person facing the shame.”
He said some cases involved significant sums of money, with one case involving a victim allegedly losing $10,000.
Mr Batiwale also acknowledged that some victims are reluctant to come forward because they lack confidence in the current legal framework or are embarrassed by their experiences.
He said the commission investigates complaints and refers matters to police for further consideration but does not lay charges itself.
“It’s one of the most reported offences under our Act that we refer to the police for further investigation and for charging.
“We don’t actually do any charging at the commission. We simply receive complaints and investigate, refer it to the police for consideration.”
