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Image Abduction of a Normal Person in a Public Space

Version 3 2023-10-26, 01:51
Version 2 2023-09-11, 05:05
Version 1 2023-07-20, 06:07
journal contribution
posted on 2023-10-26, 01:51 authored by Vicki HuangVicki Huang, Jason Taliadoros
This article discusses the lacunae in Australian law that permits the ‘image abduction of a normal person in a public space’. We define this as the circulation of a non-intimate image without consent with subsequent distress caused by that circulation or by third-party comments. We discuss this conduct as the inevitable consequence of smart phones and the commercialisation of social media, in particular the monetisation of online influence. In this article we argue that the harms to both a ‘normal person’ (who has their image, agency and autonomy taken from them) and to society at large are underappreciated in Australian policy discourse. We conclude that in a world where image abduction will be ubiquitous, a tort of privacy that acknowledges these harms is imperative. This article uses the case study of Maree, whose image was appropriated into ‘kindness porn’ TikTok videos, to explore the current legal landscape and recent inquiries into the development of an Australian tort of privacy.

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Journal

Australian Law Journal

Volume

tbd

ISSN

0004-9611

Issue

tbd

Publisher

Thomson Reuters

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