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Is it ILLEGAL to download and view voyeuristic pornographic videos from websites. KNOWING that the subjects are 18+.

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  • Why on earth would you think this is illegal? As long as you are 18+ and the participants are 18+, I don't why this would be an issue – Horkrine Jun 13 '18 at 10:23
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    @Horkrine - if the content truly is voyeuristic in the sense that the subjects are unaware that they're being recorded, and not just voyeuristic acting, then surely downloading/viewing such content is participating in an invasion of privacy? – brhans Jun 13 '18 at 11:25
  • @Horkrine it's 16 in some countries. It's legal to view pornography. – Steve Woods Jun 13 '18 at 13:44
  • @Horkrine Some participants are over 18 but does not know that they are being recorded (Taking a shower ect). Some people set up a camera and record them without their knowledge and upload it to the internet, Is downloading them LEGAL? – jrxmd Jun 13 '18 at 15:45
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To be quite honest, I don't know much about Australia's law.

It is illegal for internet content providers within Australia to 'broadcast' internet pornography classified as MA15+ to R18+ unless such internet pornography is subject to an age verification system or internet pornography which may be classified as X18+ to RC content that is not subject to an Australian Communications and Media Authority (ACMA) infringement notice through exceptions.

Related Wikipedia Article

However in most places, as long as it's not child pornography and you are the age of consent (depending on country) then it is legal.

As for voyeurism, they have published media of their activities online allowing others to view it. It's not illegal to spy on someone who consents to it.

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  • @Horkrine thank you for correcting my answer. – Steve Woods Jun 14 '18 at 16:44
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    Isn't this conflating voyeurism with exhibitionism? – bdb484 Jun 16 '18 at 9:09
  • Some participants are over 18 but does not know that they are being recorded (Taking a shower ect). Some people set up a camera and record them without their knowledge and upload it to the internet, Is downloading them LEGAL? – jrxmd Jun 20 '18 at 3:38
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Reasonable assumptions:

  1. The videos were recorded without the knowledge or consent of the subjects.
  2. The videos depict at least some of the items listed in subsections (a) and (b) of the definition of “intimate visual recording” (Crimes Act 1961 section 216G).
  3. The subjects of the videos do not include you.

In this case, the video would be an “intimate visual recording”. Downloading the video would presumably lead to possession of the video, and possession of an intimate visual recording is an offence under section 216I.

Interestingly, based on my reading of the legislation, such possession may be an offence even if the subjects consented to it. I intend to do further research on this point.

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  • 216G seems clear, that if all of the people consented, it’s not considered “intimate” and wouldn’t be a crime...“medium using any device without the knowledge or consent of the person who is the subject of the recording”, now you could come up with some corner cases such as them not knowing about it at the time but consenting later or knowing about it and consenting but withdrawing their consent later, but it seems clear in most cases them consenting is enough. – jmoreno Apr 2 at 16:57

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