Is it ILLEGAL to download and view voyeuristic pornographic videos from websites. KNOWING that the subjects are 18+.
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.
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.
- The videos were recorded without the knowledge or consent of the subjects.
- 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).
- 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.