Observations or Recordings in Breach of Privacy

Section 227A of the Criminal Code makes it an offence to observe or visually record another person in circumstances where a reasonable adult would expect to be afforded privacy. There must be a lack of consent, and the place in question must be private, or alternatively, the victim must be doing a private act and the recording must be for the purpose of recording that private act.

The section also makes it an offence to observe or visually record another person’s genital or anal region in circumstances where a reasonable adult would expect to be afforded privacy. There must be a lack of consent and the observing or recording must be made for the purpose of observing or recording the other person’s genital or anal region.

This is often referred to ‘upskirting’ and often applies to instances where someone is taking photographs of women’s underwear in public without their consent.

The maximum penalty is 3 years imprisonment.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.