There’s a lot to say about the “OnlyFans scandal” on Married At First Sight Australia. Not only is it reprehensible to share someone’s nude photos without their consent, in the state of New South Wales where the act occurred it could also potentially be considered “revenge porn.”
WATCH: MAFS nude photo scandal erupts online
On Wednesday night, Domenica Calarco finds out that the other contestants have not only seen a naked image of her, which was allegedly from her OnlyFans account, but that someone in the group distributed it.
The person who “found” the photo was Olivia Frazer, with the MAFS contestant telling Domenica she had Googled her after their heated argument on the Couple’s Retreat and shared the photo with others.
“Olivia’s MO is essentially to let the grenades go, Domenica gets worked up, and then in a condescending way Olivia dismisses her,” expert John Aiken said as they watched the exchange.
As the experts put it, the group “turned their backs” on Domenica at the Dinner Party, defending themselves for circulating the image. It was shocking and enraging to viewers, who have expressed their anger on social media over the fact that this happened without her knowledge or consent.
And viewers still want to know: is what happened to Domenica legally considered revenge porn in Australia?
What is revenge porn?
Revenge porn – or “image based abuse” – is the distribution of intimate images or videos of individuals without their consent.
We also know the term has been debated in the past. Revenge porn is often used as a blanket term that encompasses a wide range of situations where explicit content is shared, threatened to be shared, taken without the individual’s consent, released without the individual’s consent and more.
In this instance on MAFS, an image was allegedly taken by Domenica with the intent to distribute it in exchange for compensation on OnlyFans – at some point in the past – and it was then distributed outside of that arrangement, without the creator’s consent or knowledge, in the present.
READ ALSO: Domenica speaks out about nude photo scandal in an exclusive interview with WHO
With the MAFS narrator claiming it was an “act of revenge,” what happened to Domenica certainly appears to fit the bill of “revenge porn.”
Is revenge porn a crime in NSW, Australia, where the show is filmed and the act took place?
New offences in the Crimes Act 1900 criminalise the recording and distributing of intimate images of a person without consent.
According to section 91R of the Crimes Act, it is an offence to threaten to record or distribute an intimate image of another person. The maximum penalty for this is a fine of $11,000 or imprisonment for 3 years or both.
Courts can order offenders to take reasonable steps to recover, delete or destroy images taken or distributed without consent. Failure to do so could result in an additional two-year jail sentence and a $5500 fine.
“No one should ever use intimate images to threaten, control or humiliate victims, which is why the NSW Government introduced this legislation to ensure perpetrators are held to account,” Attorney General Mark Speakman said.
“The new laws shift the power away from vengeful ex-partners and manipulative predators and help victims regain privacy and dignity.”
So let’s talk about the reality of revenge porn in our society.
Legally, Australia may be catching up in creating stronger protection for victims of revenge porn. Unfortunately, though, many Australians still hold negative views of victims of these acts.
In a report by The Guardian, Dr Nicola Henry from RMIT University told the publication “fewer than half of Australians even know it is a criminal offence.”
The publication also revealed that a report to the Criminology Research Advisory Council in 2017 shows 70% of those surveyed said people should know better than to take a naked photo of themselves, and 62% said victims were at least partially responsible if the photos ended up online.
People often say things like “we’ve come a long way” – but have we really, if a woman is being shamed for taking a nude selfie, while a group of men and women share and discuss that image without her consent on primetime TV? No.
There’s also the fact that one bride is seen telling Domenica “you put it out there, people are going to talk about it.” It’s even worse when we consider that MAFS expert John Aiken says the contestants “turn their backs” on Domenica at the Dinner Party after they bring up the naked photo.
Now also feels like a good time to point out we saw one contestant doing a naked handstand in the shower and none of his co-stars have slammed that for receiving air-time. Many of the contestants have also been filmed together in bed and have had sexually explicit conversations on the show.
Is distributing someone else’s OnlyFans photo a crime?
There are certainly grey areas when it comes to revenge porn laws, but regardless of whether or not an image was intentionally created as “pornography” the distribution of the image without consent of the creator could be considered a crime.
The act also goes against the OnlyFans 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,” the site says.
“Do not use OnlyFans except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of OnlyFans to or with anyone else.
“Do not use OnlyFans to stalk, bully, abuse, harass, threaten or intimidate anyone else.
“Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.”
The incident has not only upset viewers, but it’s also been widely condemned by sex workers and OnlyFans creators.
OnlyFans creator Ashley Fletcher spoke out about the episode in an interview with The Wash.
“How are we still shaming women for showing their bodies? I’m not sure why they are making a big deal out of it,” she told the publication.
“Women are finally taking back their power after many years of men sending around nudes illegally,” adding that “the fact that it was leaked by another woman is absolutely horrific and very high school.”
She added, “It’s a betrayal of trust that women have each others back, no matter what. I hope she can seek legal advice after the show.”
Former MAFS bride and OnlyFans creator Jessika Power also weighed in, writing in the comments: “Agree!!! It’s so disgusting this has been brewed up to be the s–t storm it is when it should never have been a topic of conversation! Also this Olivia would have had to subscribe to Dom’s onlyfans account in order to access that photo.”
Married At First Sight Australia airs Monday to Wednesday, 7:30pm, and Sunday, 8:30pm, on Nine Network and 9Now.
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