During filming of Married at First Sight Australia 2022, Olivia Frazer distributed a private photo of Domenica Calarco from her OnlyFans account and already, before the drama has even played out on our screens, it is quickly becoming the biggest scandal in the show’s nine year history.
According to our sources, we will not see the photo in question during tonight’s episode, however, we are told that Olivia did share the image without Domenica’s permission — so, did she break the law in doing so?
What Is the Nude Photo Scandal on Married at First Sight Australia?
As reported in episode 160 of the So Dramatic! podcast, the feud between Domenica and Olivia Frazer reaches new heights when the latter uncovers imagery from Domenica’s OnlyFans account.
“Olivia found and leaked personal information about Domenica to the other cast members,” one current contestant revealed.
Firstly, it’s important to note that Olivia shared the nude photo among the other cast members without Domenica’s consent and knowledge.
She also took it upon herself to use it as a sense of revenge against the bride who she alleges waved a smashed glass in her face. Spoiler alert: she didn’t.
So, what are the legalities behind distributing OnlyFans content? And distributing intimate images altogether?
What Are the Legalities Behind Distributing OnlyFans Content?
If you’re not sure what OnlyFans is, it’s an adult content website where users can pay to view exclusive, and usually explicit, “content”.
According to their terms of service, “You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.”
While you cannot publicly administer the content, you are allowed to store files “that are automatically cached by your Web browser.”
However, this is only for “display enhancement purposes”. You can also keep ONE copy for your “own personal, non-commercial use and not for further reproduction, publication, or distribution.”
In short: yes, Olivia has absolutely done the wrong thing.
Can You Sue Someone For Distributing Your OnlyFans Content?
Since this is public law, the state is responsible for prosecuting an individual.
The police could take action directly against Olivia in accordance with the NSW crimes act, because it’s a criminal act made against the public safety as a whole.
However, Domenica could actually sue Olivia personally for distributing the photo both for copyright infringement
Across the country, legislation has been introduced to criminalise this behaviour in every state and territory besides Tasmania.
On a national level, people can be charged with “using a carriage service to cause offence or to harass or menace another person” (as per section 474.17 of the Criminal Code).
However, it does need to be clear that the perpetrator intended to cause those impacts.
In NSW, under section 91Q of the Crimes Act, it is an offence to intentionally distributes an intimate image of another person, with the maximum penalty for this being a fine of $11,000 or imprisonment for three years or both.
In Victoria, a law was passed to make it a criminal offence to “maliciously distribute intimate images” and if you are caught, a maximum two-year sentence is attached.
And in South Australia, it is a criminal offence to distribute an invasive image.
In a bid to shake up the legalities surrounding “revenge porn”, Western Australia introduced new laws in 2017.
These saw the addition of restraining orders which could be made to prevent a partner or former partner from distributing or publishing intimate images of another person.
When Can Explicit Images Be Shared?
According to Hamilton Janke Lawyers, there are exceptions.
The site states that an image may be shared if it was “done for a genuine medical or scientific purpose or that the conduct alleged to constitute the offence was done by a law enforcement officer for a genuine law enforcement purpose including court proceedings.
For an image to be shared and considered “acceptable” and not criminal, factors such as the nature or content, the circumstances in which it was shared or the degree to which the accused person’s actions affect the privacy of the person depicted in the image.
Recently, MAFS star Amanda Micallef was charged with distributing intimate images and videos of an ex-partner and will be facing court.
Will Olivia face the same fate as Amanda?
For more information or if you are a victim of image-based abuse, visit the image-based abuse portal of the Office of the eSafety Commissioner.
Want even more goss? Listen to episode 161 of the So Dramatic! podcast with Megan Pustetto below!
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