Content disclaimer: The following content on child abuse material digital platform offences in NSW may contain graphic descriptions about child abuse. We only intend to inform readers about important laws related to child abuse. If you are a witness of child abuse or if you know that a child is in danger or harm, please contact your local authorities or a child abuse lawyer immediately.
This article will discuss sections 91HAA to 91HB of the Crimes Act 1900 NSW which outlines child abuse material digital platform offences.
READ: Child Abuse Material in NSW
Child Abuse Material Digital Platform Offences: Administering a Digital Platform
Section 91HAA provides for a penalty for those persons who administer a digital platform intended to deal with child abuse material. Under this section, to administer means to:
- design, create, manage or maintain the digital platform, part of the digital platform or a function of the digital platform,
- provide a device to host the digital platform, part of the digital platform or a function of the digital platform,
- facilitate the operation and use of the digital platform, part of the digital platform or a function of the digital platform.
The elements of this offence are the following:
- the administrator administers, or assists in the administration of, a digital platform, and
- the digital platform is used by another person to deal with child abuse material, and
- the administrator–
- intends that the digital platform be used by another person to deal with child abuse material, or
- is aware that the digital platform is being used by another person to deal with child abuse material.
The maximum imprisonment penalty for this offence is 14 years. Note that in proceedings for an offence against this section, it is not necessary to prove the identity of the person using the digital platform to deal with child abuse material.

Child Abuse Material Digital Platform Offences: Encouraging Use of a Digital Platform
Other than the administration of a digital platform of child abuse material, the mere encouragement of its usage is also punishable under this Act. Here are the elements of this offence under section 91HB:
- the person is 18 or more years of age, and
- the person encourages another person to use a digital platform, and
- the person intends that other person to use the digital platform to deal with child abuse material.
The maximum imprisonment penalty for this offence is also 14 years. Remember that in determining whether a person has encouraged another person to use a digital platform with the intention of the person using it to deal with child abuse material in proceedings for an offence against this section, it is not necessary to prove the following:
- the identity of the person encouraged to use the digital platform to deal with child abuse material, or
- that another person in fact used the digital platform to deal with child abuse material, or
- if another person did in fact use the digital platform to deal with child abuse material, that it was the defendant’s encouragement that caused the person to do so.
Child Abuse Material Digital Platform Offences: Avoiding Detection
In relation to the offences under sections 91HAA or 91HAB, a person may also be convicted if he or she provides information as to how to avoid detection of, or prosecution for these crimes. The law imposes a 14-year imprisonment for this offence.
Moreover, this offence does not require the disclosure of the identity of a person to whom the information was provided or that the information was actually used by the other person.
Defences to Child Abuse Material Digital Platform Offences
The offences mentioned above carry with them several defences under section 91HA. These are the following:
- Innocent production, dissemination or possession.
When a defendant is accused of violating section 91H, it is a defence to claim that they had no knowledge, or could not have been reasonably anticipated to know, that they had created, distributed, or possessed (as required by the circumstances) child abuse material.
- Reasonable steps to prevent dealing with child abuse material.
In legal proceedings concerning a section 91HAA offence, it is a defence if the defendant took all reasonable precautions in the given situation to stop others from using the digital platform to access child abuse material after learning that it was being used for such purposes
- Unsolicited possession of the material.
In proceedings for an offence under section 91H that does not involve the production or dissemination of child abuse material, it is a defence to claim that the defendant received the material unsolicited and took reasonable action to dispose of it as soon as they learned it was child abuse.
- Public benefit.
It is a defence in proceedings for an offence against section 91H, 91HAA, 91HAB or 91HAC when it is found that the defendant engaged in the conduct for the following purposes or reasons:
- It was of public benefit, and
- It did not extend beyond what was of public benefit.
- Classified material.
If the material in question was classified under the Commonwealth’s Classification (Publications, Films, and Computer Games) Act 1995, either before or after the alleged offence, it is a defence in proceedings for an offence against sections 91H, 91HAA, 91HAB, or 91HAC.
You can check out the complete list of defences in section 91HA of this Act.
Exceptions to Child Abuse Material Digital Platform Offences
Section 91HB lists the circumstances when a person does not necessarily commit a section 91H (possessing child abuse material) offence. These are the following:
- The possession of the material occurred when the accused person was under the age of 18 years, and
- A reasonable person would consider the possession of the material by the accused person as acceptable having regard to each of the following (to the extent relevant) ––
- the nature and content of the material,
- the circumstances in which the material was produced and came into the possession of the accused person,
- the age, intellectual capacity, vulnerability or other relevant circumstances of the child depicted in the material,
- the age, intellectual capacity, vulnerability or other relevant circumstances of the accused person at the time the accused person first came into possession of the material and at the time that the accused person’s possession of the material first came to the attention of a police officer,
- the relationship between the accused person and the child depicted in the material.
Consult a Qualified Criminal Lawyer
Child abuse material offences in NSW carry significant penalties of up to 14 years imprisonment. Our lawyers at JB Solicitors can explain the legal implications of criminal law violations in NSW. We can help gather evidence for the defence or supporting facts and details for the complaint.
We can also explain further the possible defences to child abuse material digital platform offences under the law.
Schedule a consultation today to know more.