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National | Court

Online shaming could result in $50,000 fine

A second graphic video showing the ugly side of drug use has been posted online a fortnight after the zombie-like bath salts clip went viral. The video shows a man swimming in his vomit after allegedly taking synthetic drugs. But with the video's subject being made an example of through social media channels, what are the laws and repercussions for those involved?

It's the latest online clip showing the raw effects of drug use. But when it comes to privacy and the law, what rights do these people have?

Netsafe CEO Martin Cocker says, “People think they're doing the right thing [by posting the clips] but they're likely to do more harm. The people who post the video could be breaching the Privacy Act or the Harmful Digital Communications Act (HDCA) in which case it will have consequences for them. Certainly if it is something which was taken in a private place and then made public then it's likely to be a breach of one of those two Acts."

The HDCA aims to deter, prevent and mitigate harm caused to individuals by digital communications, and provide victims with a means of redress. Punishments include serving up to two years in prison or a maximum fine of up to $50,000 for individuals and $200,000 for companies.

"What these videos are going to do is they are going to embarrass the people that are in them and potentially drive people towards the problem that they have in the first place. If you're talking about getting people off drugs or you’re talking about helping people out then that's a job for professionals, not a job for you or I to undertake with a camera and the internet."

Cocker says posting videos online showing individuals in these situations could have a long-term effect on their futures. The content is available for as long as the internet is, which is likely to be longer than the duration of their life.

"When people search for them and find these videos online they are going to assume they are still in that place in their life so you really are creating a long-term problem for somebody by filming it and putting it online."

Netsafe encourages anyone to get in touch should they find harmful content about themselves online to discuss potential options.