A principled approach to criminalistion: when should making and/or distributing visual recordings be criminalised?

Abstract

[Abstract]Determining the boundaries of the modern criminal law have become a difficult issue, particulary as 21st century criminal law struggles to deal with the widespread use of technology such as digital cameras, mobile phone cameras, video cameras, web cams, the Internet, email and blogosphere, privacy concerns and shifts in modern culture. This thesis discusses making and/or distributing visual recording, and issues which arise with the criminalisation of this conduct. Whilst various national and international jurisdictions have legislated in this regard, their responses have been inconsistent, and this thesis therefore takes a principled approach to examining the criminalisation of such conduct, examining constructs of privacy, harm, morality, culpability, punishment, social welfare and respect for individual autonomy. In framing criminal offences around this conduct, this thesis suggessts that the criminal law should respect the consent of the person visually recorded and consider the subjective culpability of the person making and/or distributing the visual recording.