02:39

The new Liberal Democrat senator Duncan Spender has just established that the Australian parliament may have inadvertently criminalised failure to take down videos depicting sado-masochism.



In estimates, Spender asked about the new Sharing Abhorrent Violent Material Act, which creates an obligation on websites to expeditiously take down certain material, including videos which depict “torture”.



The Attorney general deputy secretary, Sarah Chidgey, replied that the effect of the bill was not to ban websites but to require companies to take material down and “Yes, if it fits the definition of torture in that bill”, sado-masochism may be captured.



Spender noted the definition of torture DOES NOT specify that the act must be non-consensual.



Torture is defined as an incident where:”The first person inflicts severe physical or mental pain or suffering upon the other person; and the other person is in the custody, or under the control, of the first person; and the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions.”

Chidgey: “if it meets definition of torture they will need to remove it if they become aware of it.”