VICTORIA should create a new offence to deal with young people who send sext messages without permission, rather than using existing child pornography laws, an inquiry has been told.
Children's Court President Judge Paul Grant said under current laws, children who sent explicit images or videos were either charged with child porn offences or given police cautions.
"I have felt that to describe some of this behaviour as child pornography material is an unwise thing to do," he told a Victorian parliamentary inquiry into sexting on Monday.
"I think the child porn laws were developed for a certain purpose and that they are now being used for a different purpose.
"I have suggested we should have a different charge - a low-level charge which would attract a less serious penalty."
Bond University IT law professor Dan Svantesson told the inquiry current privacy laws were also inadequate for dealing with problems arising out of sexting.
Dr Svantesson gave the example of a teenage girl who had an explicit video of herself taken from her phone without her permission and sent to others.
"I think no one would doubt or disagree that that is a violation of that girl's privacy, but the thing is that Australian privacy law does not protect that girl."
He said there needed to be a clear legal course of action for such cases.
The inquiry is due to report back to parliament early next year.
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