Sharing intimate images in New Zealand: what the law says about consent

Adults sharing intimate photos with each other, by choice, is legal in New Zealand. What's illegal is sharing someone's intimate image without their consent. Here's how the law works, in plain English.

This is general information, not legal advice. If you're dealing with a specific situation, talk to Netsafe, the Police or a lawyer.

The offence

Section 22A of the Harmful Digital Communications Act 2015 makes it an offence to post an intimate visual recording of someone, without reasonable excuse, when you know they haven't consented — or when you're reckless about whether they have.

"Posting" is broad. It covers sending an image to one person, not just uploading it publicly.

Two details matter:

• The Police don't have to prove the victim was harmed. The Ministry of Justice notes this was the point of the change: the sharing itself is the offence.
• Someone under 16 can't consent to an intimate image of them being posted. Separately, any sexual image of a person under 18 can be objectionable material under New Zealand's censorship law — never create, ask for, keep or pass one on.

The penalties

For an individual: up to 2 years in prison or a fine of up to $50,000. For a company: a fine of up to $200,000. A judge can also order the image taken down, even before the case finishes.

What consent means in practice

Consent is specific. Someone sending you a photo is not consent for you to show it to anyone else. Agreeing once is not agreeing forever. And consent to a photo being taken is not consent to it being shared.

A useful test before you send anything that shows another person: would they be happy, right now, knowing exactly who is about to see this? If you're not sure, don't send it.

How myQR handles photos

We built photo sharing around consent:

• Photos only work in private messages between contacts who've both switched R18 on.
• The person receiving photos has to allow photos from you, in that conversation, before you can send any.
• Every time you send one, you confirm that you're in it, or that everyone in it is an adult who agreed to it going to that person.
• Photos arrive hidden, can be unsent, and delete themselves after a few days.
• A reported photo is hidden from both people immediately and kept only as evidence for our moderators and the Police.

If your image has been shared

1. Don't panic, and don't blame yourself. The person who shared it broke the law, not you.
2. Keep evidence — screenshots of where it was posted, the account that posted it, dates and times.
3. Report it to the site. On myQR, use Report on the photo, or our complaints page if you're not a member. We act within 48 hours, usually much sooner.
4. Get help from Netsafe — they can help get content removed from other platforms: netsafe.org.nz/report or 0508 638 723.
5. Talk to the Police (105) if you want to lay a complaint. If someone is threatening you, call 111.