Professional Documents
Culture Documents
Topic area
Secondary
Teachers are advised to choose the activity/activities that best suit the capabilities of their students and
timing requirements.
Lesson overview
The lesson resource introduces the concept of sexting. The potential social and legal consequences of this
behaviour are explored, along with strategies for managing sexting related issues.
Lesson outcomes
Students will be able to:
identify what sexting is
identify that sexting can be a form of cyberbullying
understand the potential social and legal consequences of sexting
identify strategies to manage sexting issues to protect themselves and others
understand the long term impact of sexting on their digital footprint
develop an understanding of using digital technologies responsibly in relationships
Australian Curriculum
Learning areas: Health and Physical Education, Humanities and Social Sciences (Civics and Citizenship),
Technologies (Digital Technologies). Note: these identified Learning Areas are awaiting final endorsement.
General capabilities: Information and Communication Technology capability (ICT), Ethical understanding,
personal and social capability.
Licensing
This work is licenced under a Creative Commons Attribution Non-Commercial Share Alike 2.5 Australia
Licence. A legal notice applies to the use of these materials. See https://esafety.gov.au/about-the-
office/privacy-and-legal.
Note
The information contained in this resource should not be relied on for specialist legal advice. Independent
legal advice should be sought for individual matters. Individuals are encouraged to contact their local Legal
Aid Centre for assistance with applicable National, State and Territory laws.
enquiries@esafety.gov.au
Sexting 2
Sexting
What is sexting?
Sexting is the taking, sending or sharing of provocative or sexual images, photos, messages or
videos generally using a mobile phone or the internet. Sexting can have serious social and legal
consequences for young people.
The reasons why young people send sexting images are complex. Some teens take and send a
‘sexy pic’ for fun, to flirt, to gain popularity, as part of a romantic relationship or in response to
peer or partner pressure.
Sexting scenarios include:
exchange of images between two people in a romantic relationship
exchange of images between two romantic partners, that are shared with people outside
the relationship
images provided to adults who are grooming young people by pretending they love them
or claiming they can make them famous.
There is no such thing as safe sexting. Once a private image has been posted or sent, it can be
impossible to control who views it and the impact may be lasting.
Research
Research by the Australian Communications and Media Authority shows that 13 per cent of 16 to
17 year old teens reported that they, or a friend sent sexually suggestive nude or nearly nude
pictures or videos to someone else. Eighteen per cent of 16 to 17 year olds said they or a friend
received photos or videos of someone else. [Source: ACMA Like, post, share: Young Australians’
experience of social media].
A form of cyberbullying
Sexting can be used for cyberbullying where a person’s private images are shared with others
without their consent, with the intention to harm or humiliate a person. Images of a sexual nature
may also attract ill-intentioned individuals including adults seeking young people for sexual
purposes, or to share the images on image sharing websites for sexual pleasure. Sexting can
also be harassment. For example, someone might persistently request a naked picture or send a
naked picture of themselves to someone who does not wish to receive the material.
The law
Importantly sexting may also be considered a criminal offence, even if all parties are willing
participants. Depending on the ages of the individuals depicted in sexting images, the production,
storing and sharing of the images may amount to a criminal offence under applicable
Commonwealth, State or Territory laws. Many laws about using technology, such as mobile
phones or computers, are in the Federal Criminal Code and various state based legislation under
the Crimes Act or Criminal Code.
Under Commonwealth law, sexual images of people under the age of 18 may be considered child
pornography and carry charges related to the creation and distribution of child pornography. Even
if all participants are willing, they may still be breaking the law if they take and share naked or
sexual images of themselves or others who are minors. Sexting that involves harassment may be
enquiries@esafety.gov.au
Sexting 4
Help
Young people should be encouraged to talk to someone they trust if they are worried about
images they have sent or received. Support can be obtained from parents, teachers, school
counsellors, police and youth orientated agencies and services such as the Office of the
Children’s eSafety Commissioner and the Kids Helpline.
Instructions
1. Brainstorm what students think sexting is.
2. Watch the video, Alarmed to start the activity. The one minute video depicts a teenage girl’s fear
of the consequences of her sexting behaviour.
3. Use the video as a prompt for the discussion of the issues below:
3e Sexting can be a crime and the penalties can include jail and registration
as a sex offender with restrictions imposed on work and travel.
Taking or sending nude or sexually suggestive photos of yourself or
anyone else under 18 years is illegal because it is in violation of
Australian child pornography laws. The sender and receiver can both be
charged, even if they agree to the picture being taken. Some states have
prosecuted teens involved in sexting incidents although in some
circumstances charges may less likely to be laid if the people involved
consented and the images were kept private and not shared for malicious
purposes.
Instructions
This activity aims to generate ideas about actions students can take to deal with peer pressure in
relation to sexting.
1. Start the activity by viewing the video “Make cyberspace a better place – Amy – Sexting”. This
video can be viewed on You Tube or via the Kids Helpline website. The two minute animation
follows the story of Amy who falls victim to sexting and how she managed the situation.
2. Print out the sexting scenario worksheets and divide the class into small groups. Give each
group one or two scenarios and prompt them to talk through the group discussion questions
listed.
3. Ask students to present their ideas to the class and their reasons. Allow a few minutes of
discussion for each scenario and consider the positive and negative aspects of the
suggested ideas. The teacher may also lead the discussion seeking specific input from
groups. Focus on how support can be provided to those experiencing pressure, and
highlighting the fact that those that have engaged in sexting with a negative outcome can get
through with support from friends and family.
4. Conclude the lesson by asking students to consider:
a. what support they can draw on to help if they or others are involved in such incidents; and
b. options for managing issues.
Sexting 8
Legal implications
Sexting can be a crime under Commonwealth law when it involves people under 18 years of age.
Under the law, sexting can be considered creating or distributing ‘child pornography’. It can also
be considered an ‘indecent act’—a sexual act that the average person would find offensive.
Some State laws may also apply.
Child pornography can include pictures and videos of a young person under 18 years showing
images of private body parts (e.g. genitals, anus, female breasts) or a young person posing in a
sexual manner, performing a sexual act or who is in the presence of someone performing a
sexual act or pose.
People possessing sexualised images of young people can be investigated by police and in some
cases charged with a criminal offence (with up to 15 years in prison in some cases). A person
could be charged if they:
take a nude or semi-nude photo of a person under 18, even if it is a photo of themselves
or they agree to the picture being taken—the sender and receiver can both be charged
Take photos or video of a person under 18 involved in sexual activity or posing in an
indecent sexual manner (or even if it looks like they are)
Put a picture on their phone and forward it to someone
Received and kept a sext.
If charged, a person could be listed as a sex offender on the Australian National Child Offender
Register.
There are also jail penalties for acts of indecency, with the penalty dependent on the age of the
person depicted in the image.
Instructions
This activity aims to help students identify the potential legal issues that can arise from sexting.
2. Lead a classroom discussion as a whole group or in small groups covering some or all of the
following conversation points.
a. Why do you think Megan shared a sexy pic of herself with the boy in her class?
b. What happens to your images once you have shared them?
c. What would motivate a person (the boy) to forward Megan’s picture?
d. How do you think Megan felt after she became aware the photo had been distributed
amongst her peers?
e. Are there any potential legal consequences for Megan for sending the sext?
f. Did the boy who shared the image with the class break any law?
g. Are you breaking any law if you forward on a sexy pic sent by someone else, even if you
didn’t take the picture yourself?
h. What do you think the boy should have done with the image sent to him from Megan?
i. If you were in Megan’s class, and you received the picture, what would you have done with
it? Think of the legal and ethical reasons.
2b You may lose control over who accesses the images; sexts can be copied and
forwarded to unintended audiences; may face damage to reputation; a person
may receive unwanted attention from others.
2c Possible answers may include: show off to friends; to embarrass, hurt or humiliate
Megan; as image-based abuse, publicly sharing sexual images without the
consent of the person depicted in the image (usually uploaded by an ex-partner).
2d Megan is likely to have felt embarrassed, ashamed and humiliated. She may also
have felt betrayed by the boy.
2e When people sext, they put both themselves and the recipient at risk of breaking
the law. Many states prohibit sending or receiving sexual images of minors (under
18 years).
2f and 2g Yes, if someone receives an unsolicited sext, or distributes the sext, they could
face charges of child pornography.
2h and 2i Delete the image and not forward it on to others. Respect Megan’s feelings.
Kindly suggest to Megan that you do not wish to receive this type of material.
11
1 Answer is c.
3 Sending a sexy pic to your partner could be an offence. Under current legislation, naked
and sexual images of people under the age of 18 can be considered ‘child pornography’
or ‘an indecent act’. The law is there to protect children and teens from abuse by adults
and others.
In some states the law allows people to consent to sex and sexting at age 16. However,
other Commonwealth laws can apply if the people involved are under 18.
Sometimes sexting images can be misused in cyberbullying situations. A person may find
themselves in a situation of receiving repeated requests for an ‘intimate’ picture. A person
may engage in cyberbullying behaviour by threatening to send a sext of someone to
others without their permission.
Sexting can also be a crime when it involves harassing other people. Some criminal and
civil laws may apply to aspects of bullying behaviour. For example, if someone uses a
carriage service (such as a mobile phone or computer) to make a threat, to menace,
harass or cause offence, they could face charges under Commonwealth law. Source:
Criminal Code Act 1995 (Cth)
enquiries@esafety.gov.au
Sexting 12
The Crimes Amendment (Sexual Offences and Other Matters) Act 2014 (enacted by the
Victorian Parliament in October 2014) seeks to protect minors who engage in non-
exploitative peer-to-peer sharing of images from unwarranted prosecution for child
pornography offences. The law introduces exceptions to child pornography offences and
aims to capture non-predatory and non-exploitative sexting. A minor who creates,
possesses or distributes an intimate image or sext of themselves or of another minor who
is less than 2 years younger than them will not be guilty of a child pornography offence.
[Refer: Sections 68, 69 and 70].
5 Yes, it can be illegal if anyone depicted in the image is under 18 years. (Refer to answer 2
above regarding legal implications).
Both parties can get into trouble. The person who takes the photo, even if it is of
themselves, can be in trouble if they share the image with someone else. The person
viewing it can get into trouble especially if they forward it on. If you are found with a
sexual photo of someone under 18 on your phone or computer, or forward the image
(even if you delete the pic) you can be charged with a criminal offence.
Think about the potential legal consequences before sending, posting, downloading or
distributing sexts.
6 If you have been found guilty of a child pornography or indecency offence, you could be
listed on the Australian National Child Offender Register. This means providing your
contact details to the police and informing them of changes to your circumstances (e.g.
change of address, employer). Your employment may be restricted from working or
volunteering in places where you are likely to have contact with children. This includes
coaching sports teams or tutoring children.
Note: This information is of a general nature and should not be relied on for specialist legal
advice. Each state and territory jurisdiction has developed their own laws.
Sexting 13
Background
Young people might regret the choices they make when interacting with others online. People
who have been involved in a sexting incident that has gone beyond a friendship group or couple,
need support from friends, family and school. If they find themselves, or a friend, involved in a
sexting incident, there are places they can go to seek advice. Teachers, parents and the police
can help block images from being shared more widely and being posted online. Support and
advice can also be provided by the Kids Helpline, the Office of the Children’s eSafety
Commissioner’s website or school counsellor.
A recent study by the UK Internet Watch Foundation showed that up to 88% of self-generated
images have been collected and put onto other sites─including sites used by adults for sexual
gratification.
Young people who have provided images to people they don’t know offline may be the targets of
predators who look to groom multiple teens and children for a sexual relationship. Predators can
trick their young targets into believing they are in a loving relationship. If young people have
provided a sexy pic or video to someone they think might be a predator they might not tell anyone
because they are ashamed. By taking away the shame we can encourage young people to report
behaviour they regret to parents and police. Early action might help prevent physical harm and
prosecute predators.
Instructions
1. Organise the class into groups. With one half of the class, hand out copies of the ‘So You Got
Naked Online’ brochure. With the remaining half, distribute a printout of the webpage ‘Sexting’
from the Office of the Children’s eSafety Commissioner’s website.
Instruct students to read the material.
2. Guide the discussion with the following prompts:
what advice would you give a friend who was worried about a sext they had sent or
received?
who would you seek advice from if a sext message had gone wrong (i.e. been shared with
others or uploaded to the internet)?
3. Ask students to complete Worksheet 3.
4. Ask a group representative to talk about their group’s findings.
Sexting 14
d Tell someone you trust, such as a parent, teacher, school counsellor or the police.
The relevant website administrator could also be contacted to assist with removing
the image.
Scenario 1 – Chelsea
A girl in Chelsea’s friendship group at school, but not a close friend, is sexting her boyfriend.
Everyone knows about it and is talking about the girl’s actions. The image has been sent to many
people in the school. The girl doesn’t seem to know everyone is aware of what she is doing.
Group Discussion:
What should Chelsea do?
Should we get involved in other people’s issues? Do we have a moral responsibility?
What are the pros and cons of getting involved?
Is Chelsea part of the problem if she doesn’t get involved and speak up?
Write down your answers and reasons.
Scenario 2 – Alex
Alex sent a sexy pic to Sam but then they had a fight and broke up. Sam is now threatening to
send the photo around the school if Alex doesn’t agree to go out again.
Group Discussion:
If you were Alex’s friend what would you advise him/her to do?
To what extent is Alex responsible for what is happening?
Do you think Sam’s threat is cyberbullying behaviour?
What would be the best way of managing this for Alex? Think of supports he/she can lean on,
who might help.
Write down your answers and reasons.
WORKSHEET 1: SEXTING SCENARIOS
Scenario 3 – Jack
Jack’s friends want to show him explicit photos of girls from the school on their mobiles. He is
uncomfortable with this but wants to be part of the group.
Group Discussion:
How can Jack be part of the group and say no?
Is it okay for the boys to look at the photos?
Should the girls have expected their photos would be shared with others?
Could the girls have controlled who would see their photos?
Is it different if the naked photos are taken without the girls knowing about it?
Would the issues be different if the photos were of boys?
Are there legal issues involved in viewing these photos if the girls were happy for the images to
be shared?
What impact might the sharing of a person’s image have on them now and later in their lives?
Write down your answers and reasons.
Scenario 4 – Tran
16 year old Tran finds out that his older sister, who is 17, has sent sexy pics to her boyfriend. She
has come to Tran to say that her boyfriend is now demanding more photos.
Group Discussion:
What can Tran say to his sister about this?
Should he tell his parents? If not, why?
At what age are people old enough to make good decisions about their intimate behaviour? Is 17
old enough?
How would your parents react?
Who else could Tran tell if things do get out of hand?
Write down your answers and reasons.
WORKSHEET 1: SEXTING SCENARIOS
Scenario 5 - Yasmin
Some of the students at Yasmin’s school make fun of her because she is quiet and shy.
Someone sends her pornographic photos and links to pornographic web sites to embarrass her.
She feels humiliated. Soon, she is sent photos, links and sexy jokes most days. She is afraid to
tell her parents because they are very strict and will think it is her fault.
Group Discussion:
What should Yasmin do? Should Yasmin get over it and not be so sensitive? Should she report it
to someone at the school?
How might Yasmin’s parents react if she seeks help from them?
Do you think the students’ behaviour towards Yasmin is cyberbullying and harassment? How do
you know when the line between a bit of fun and bullying has been crossed (remember for
bullying there must be intention to harm, repeated actions and a power imbalance)?
How would you feel in this situation—being sent texts every day with people watching for your
reaction?
If you knew this was happening to someone like Yasmin, what could you do?
How do you think someone can help without becoming a target of the bullies?
In your view what motivates bullies to target a person? Have you ever seen cyberbullying
behaviour be effectively stopped? What worked?
Write down your answers and reasons.
Scenario 6 - Carl
Carl sends Toby a naked picture of his girlfriend Ava. Toby says ‘Hey sicko that’s not cool she’s
15, I don’t want to be a sex offender. I’m deleting.’
Group Discussion:
Did Toby do the right thing? What are your reasons?
What would Carl’s reaction be? Is Toby taking a friendship risk by responding like he did?
How could Toby make sure Carl didn’t send the naked picture sext to anyone else?
What has Carl done to Ava’s digital reputation?
Would Ava have realised the potential consequences of having this photograph taken?
Write down your answers and reasons.
WORKSHEET 2: SEXTING AND THE LAW
Research Questions
1. Who can get into trouble for sexting?
Behaviour Action