Is it legal to send unsolicited dick pics?

It’s complicated. 

Content warning: Sexual assault.

The topic of dick pics tends to elicit mixed responses in my circles. For some, it’s a wide-eyed lean-in, often followed by a request for more details. For others, it’s pure repulsion. The term alone is enough to offend, god forbid a visual.

If you’ve been single and/or dating for any period of time in the last seven to 10 years, chances are you’ve received one. But the dick pic dates back to well before we were swiping for love (fun fact: the term ‘dick pic’ was first recorded as early as 1993, according to dictionary.com).

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It’s important to distinguish between nudes that were solicited (requested and/or consented to, also known as ‘sexting’) and unsolicited (the opposite, also known as ‘cyber flashing’). 

We’re talking about the latter, and it’s a problem. A 2018 YouGov poll found that about 41 per cent of women aged 18 to 36 had received an unsolicited dick pic. This increased to 53 per cent for women aged 18 to 24. Some senders may argue unsolicited dick pics are sent playfully as a joke, or flirtatiously because they genuinely thought the receiver was wanting to receive the imagery. 

The impact on un-consenting cyber flashing recipients can vary, depending on the specifics of the situation. In serious cases, it can lead to anxiety, distress, fear for their physical safety and mental health issues. 

But do we have legal grounds to take action? As with many evolving goings-on of the internet, the legalities surrounding the sending (and storing) of nudes are somewhat complex. In Australia, the Online Safety Act expanded protections against online harm to keep pace with advances in technology and certain harmful or toxic behaviours online. 

A spokesperson for the eSafety Commissioner told Fashion Journal, “Thanks to bolstered powers under the Online Safety Act, Australians experiencing serious cyberbullying, serious adult cyber abuse or image-based abuse (the non-consensual sharing or threatened sharing of intimate images and videos) can report to eSafety.gov.au/report to have this content quickly removed.”

Australians can also report illegal online content, such as child sexual abuse or pro-terror content, for removal. “In cases where the reported abuse does not meet the legislated definition of serious online abuse, eSafety will work informally with platforms and services to have the content removed informally when the content is a breach of terms of service.”

But unsolicited dick pics aren’t currently covered. The spokesperson explained: “The Online Safety Act doesn’t include unsolicited sexual material, which is a form of ‘cyber flashing’, as a form of image-based abuse. This is because neither a threat nor actual sharing of a person’s intimate images without consent occurs. Depending on the nature of this activity, there are various obscenity and indecent exposure offences in different jurisdictions that could apply.”

The laws relating to harassment and abuse differ in each state and territory. If, for example, you were receiving ongoing unsolicited graphic imagery from an abusive ex-partner or alongside other invasive behaviours such as stalking or threats, there may be legal grounds to take action and a qualified lawyer or legal representative will be able to advise. If it’s a one-off from a guy you’ve just matched with on Hinge, it’s a different story. 

In the case of the latter, what should (or could) we do?

The spokesperson for the eSafety Commissioner advised that “Sending unsolicited nude pictures is grounded in a lack of respect. It’s never okay to send nudes, sexual images or sexual videos to someone who didn’t ask for them. It makes the nature of the interaction between the sender and the recipient sexual without the consent of the recipient. 

“If you receive a nude image and know the person – and you are comfortable with responding to them – let them know that sending you a nude is not acceptable. You can report it in-app or through the social media service before deleting the content. You can also block them in-app or block their number on your device. 

“If you have received a nude you didn’t ask for, delete it. It’s important you don’t send it to anyone else. On-sharing of nudes without consent of the person featured is a form of image-based abuse under the Online Safety Act.” 

To report image-based abuse, visit eSafety.gov.au/report. For more information on receiving unwanted nudes, head here.