The world of the AFL has been rocked after a collection of graphic images involving more than 45 players past and present leaked on social media.
The AFL launched an investigation and several clubs are believed to have contacted the AFL when the images began to circulate.
Police have confirmed that they are aware of the matter, amid fears that the mass leak was likely published by organized criminals in an attempt to ‘sextort’.
So what penalties could the people behind the leak face? What laws are they breaking? And what could happen if you shared the file?
Daily Mail Australia answers the big questions.
Daily Mail Australia explains legal ramifications of AFL nude photo leak
What is ‘revenge porn’?
Revenge pornography refers to image-based abuse, whereby explicit photos or videos of people are distributed without their consent.
It is irrelevant whether the content was made with or without your knowledge or consent at the time, distribution without your consent constitutes revenge pornography.
What penalties could AFL leakers face?
Distributing revenge pornography is a criminal offense that carries penalties. In Victoria, perpetrators can be jailed for revenge porn offences, although a 2020 report found that offenders are almost never jailed unless convicted of other crimes.
As of now, AFL nude leakers will not face any punishment.
Cybersecurity expert Susan McLean explains that the players involved would have to personally file official complaints for the police to take action, something that has not been done at the time of publication.
“Until such time as the police start an investigation because a player files a formal complaint, nothing will be done,” he said.
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A google drive contains a list of player names with folders of images pretending to be them
Can you be charged for owning explicit content?
If a police investigation is launched, those in possession of the content could be charged, McLean told the herald sun.
“You have possession of it, so you could potentially be charged,” Ms McLean said.
“If you receive that content and delete it immediately, there would be no charges.”
Can you be charged if you distributed the photos?
‘Absolutely. Each state has its own laws,’ McLean said.
“Victoria has two very clear laws: distributing an intimate image and threatening to distribute an intimate image.”
In Victoria, sharing revenge pornography was made a criminal offense in 2014 and carries a maximum prison sentence of two years, while threatening to share explicit material carries a maximum prison sentence of one year.
Security expert and head of Cybersafety Solutions Susan McLean (pictured) said ‘sextortion’ is rampant around the world.
What happens if the content is false? Can you still be charged?
“Yes, because the definition includes what is real and what is supposed to be, it covers fakes and cartoons,” said Ms McLean.
‘The other crime he could be charged with is how the pictures were taken in the first place.
“If the person in the image took the image, then it’s just about distribution, but if those images were taken without the person’s consent, that’s a crime.”
Is it easy for the police to find the people who shared the content?
“Very easy,” McLean added.
“Every time you use technology, you leave a trail so that police can, under a court order, seize devices, obtain phone records, and file legal requests with Google.”
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