Removing Non-Consensual Intimate Imagery (NCII) — Australia
Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Australia has one of the world's strongest NCII frameworks. The eSafety Commissioner under the Online Safety Act 2021 can issue 24-hour removal notices for non-consensual intimate imagery to providers anywhere in the world. State-level criminal offences also apply (e.g., NSW Crimes Act 1900 s.91Q — recording or distributing intimate images without consent, up to 3 years).
Technical takedown: StopNCII.org (18+) and NCMEC takeitdown (under-18).
When does it apply?
- Intimate images / videos of you shared online without consent.
- Sextortion / threats.
- Deepfake sexual content depicting you — Online Safety Act covers altered images.
- Subject under 18 — use NCMEC takeitdown + report under cyberbullying scheme.
Removing NCII Through eSafety Commissioner, StopNCII, NCMEC
- Report to the eSafety Commissioner at esafety.gov.au. Image-based abuse complaints are handled rapidly — eSafety can issue removal notices and pursue civil penalties.
- If 18+, also hash via StopNCII.org.
- If under 18, use takeitdown.ncmec.org + eSafety's cyberbullying scheme.
- For criminal investigation, report to state police (or via ReportCyber for cybercrime-heavy cases).
- Preserve evidence.
What should you NOT do?
- Don't pay extortionists.
- Don't delete the original from the platform before reporting.
- Don't assume StopNCII covers under-18 content.
About Data Privacy & Digital Rights in Australia
Australia's data-protection framework is the Privacy Act 1988 (Cth) + the Australian Privacy Principles (APPs). Regulator: Office of the Australian Information Commissioner (OAIC). The Notifiable Data Breaches scheme has applied since February 2018. For NCII, Australia has the eSafety Commissioner under the Online Safety Act 2021 — a world-leading regulator with takedown power for image-based abuse (24-hour removal notices). State criminal offences (e.g., NSW Crimes Act s.91Q) also apply.
Common Questions
What does the eSafety Commissioner do?
The eSafety Commissioner is Australia's national regulator for online safety, established under the Online Safety Act 2021. Powers include: 24-hour removal notices for image-based abuse to providers anywhere in the world; adult cyber abuse removal notices; cyberbullying material end-user notices for children; takedown of class 1 / class 2 material; civil penalties for non-compliance. World-leading model — many other jurisdictions are studying it.
Does the Online Safety Act cover deepfake?
Yes — the Act's definition of intimate image includes images that have been altered, modified, or created (including by AI). Deepfake sexual content falls within the image-based-abuse scheme and the eSafety Commissioner can issue removal notices.
What about criminal prosecution?
State-level criminal offences apply alongside the eSafety Commissioner's civil scheme. Examples: NSW Crimes Act 1900 s.91Q (recording / distributing intimate images without consent) — up to 3 years. Victoria, Queensland, Western Australia have similar state offences. Report to state police; the offence is criminal alongside the civil-takedown route.
What is the removing non-consensual intimate imagery (ncii) right in Australia?
Australia has one of the world's strongest NCII frameworks. The eSafety Commissioner under the Online Safety Act 2021 can issue 24-hour removal notices for non-consensual intimate imagery to providers anywhere in the world. State-level criminal offences also apply (e.g., NSW Crimes Act 1900 s.91Q — recording or distributing intimate images without consent, up to 3 years).Technical takedown: StopNCII.org (18+) and NCMEC takeitdown (under-18).
When does removing non-consensual intimate imagery (ncii) apply?
Intimate images / videos of you shared online without consent.Sextortion / threats.Deepfake sexual content depicting you — Online Safety Act covers altered images.Subject under 18 — use NCMEC takeitdown + report under cyberbullying scheme.
How do I remove non-consensual intimate imagery in Australia?
Report to the eSafety Commissioner at esafety.gov.au. Image-based abuse complaints are handled rapidly — eSafety can issue removal notices and pursue civil penalties.If 18+, also hash via StopNCII.org.If under 18, use takeitdown.ncmec.org + eSafety's cyberbullying scheme.For criminal investigation, report to state police (or via ReportCyber for cybercrime-heavy cases).Preserve evidence.
What mistakes should I avoid with removing non-consensual intimate imagery (ncii)?
Don't pay extortionists.Don't delete the original from the platform before reporting.Don't assume StopNCII covers under-18 content.