Leaked AFL nude photos scandal: Will leakers go to jail? What will happen if you share the file?

The AFL world has been rocked after a collection of graphic images involving more than 45 players past and present were leaked on social media.

An investigation has been launched by the AFL, with a number of clubs understood to have contacted the AFL when the images started circulating.

The police have confirmed they are aware of the matter, amid fears that the mass leak was likely to have been published by organised criminals in a ‘sextortion’ attempt. 

So, what penalties could the people behind the leak face? Which laws are they breaking? And what could happen if you shared the file?

Daily Mail Australia answers the big questions.

Daily Mail Australia explains the legal ramifications of the AFL nude photos leak

What is ‘revenge porn’?

Revenge porn refers to image-based abuse, whereby explicit photos or videos of individuals are distributed without their consent.

It is immaterial whether the content was made with or without their knowledge or consent at the time, the distribution without their consent constitutes revenge porn.   

What penalties could the AFL nude leakers face?

Distributing revenge porn is a criminal offence that carries sanctions. In Victoria, perpetrators can be jailed for revenge porn offences, although a report in 2020 found that offenders are almost never imprisoned unless sentenced with other crimes. 

As of right now, the leakers of the AFL nudes will face no punishment. 

Cyber-security expert Susan McLean explains that the players involved would need to personally come forward with official complaints to get the police to act, something which hasn’t been done at the time of publication. 

‘Until such time as the police launch an investigation because a player makes a formal complaint, nothing is going to be done,’ she said. 

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A Google drive contains a list of player names with folders of images purporting to be them 

Can you be charged for possessing the 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 potentially you could be charged,’ Ms McLean said.

‘If you receive that content and you deleted it immediately there would be no charges.’

Can you be charged if you distributed the photos? 

‘Absolutely. Every state has their own laws,’ McLean said.

‘Victoria has two very clear laws: distribute an intimate image and threaten to distribute an intimate image.’

In Victoria, sharing revenge porn was made an offence in 2014 and carries a maximum prison sentence of two years, while threatening to share explicit material carries a maximum one-year prison sentence. 

Security expert and Cybersafety Solutions chief Susan McLean (pictured) said ‘sextortion’ is rampant across the globe

What if the content is fake, can you still be charged?

‘Yes because the definition includes actual and purported to be — it covers deepfake and cartoons,’ Ms McLean said.

‘The other offence you could be charged with is about how the images were taken in the first place.

‘If the person in the image took the image themselves then it’s only about the distribution but if those images were taken without the consent from the person, that’s a crime.’

Is it easy for police to find people who shared the content?

‘Very easy,’ McLean added.

‘Every time you use technology you leave a trace behind so police can, under a warrant, seize devices, get phone records and put in legal requests to Google.’

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