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SHOULD teens who take pictures and videos of themselves in sexual situations be treated the same way as pedophiles? Are the penalties for "sexting" too harsh?
The Federal Government says it's up to the states to answer these questions ? and one in particular is leading the way in doing so.
Victoria this week announced an inquiry into whether the punishments for sexting ? which can include 10 years in jail and registration as a sex offender ? are too harsh.
Spokespeople for both the NSW and South Australian attorneys-general's departments told news.com.au they had no current plans for a similar inquiry, but would watch the Victorian investigation closely.
The inquiry, by Victoria's Law Reform Committee, has been welcomed by experts who say it is "well overdue".
"What we're seeing at the moment is a course of conduct that's being applied to legislation for which it was not written," said cyber-bullying expert Susan McLean.
"But the thing we need to be mindful of is the pointless one state operating alone.
"It's great that the Victorian Government are taking the lead, absolutely fabulous, but once the inquiry's done and whatever conclusions are drawn, we have to maintain consistency throughout Australia."
Social commentator and researcher Nina Funnell, who is currently working on a book about sexting, said that under the current system the consequences for sexting far outweighed the crime.
"Teenagers have been put on the sex offender register in relation to sexting incidents," she told news.com.au.
"It will have a devastating impact on the lives of these teenagers.
"It will have an impact on them professionally, in terms of the types of jobs that they are able to apply for.
"But it's more than that, it's the social stigma of being a registered sex offender, and knowing that in the eyes of the law and in the eyes of society you are viewed in a particular way and you have been grouped in with convicted pedophiles."
As well as the impact on teenagers placed on the list, Funnell said the current system made the list itself less powerful as a deterrent to criminals.
"It actually waters down the power and effectiveness of the sex offenders register and I think we need to be preserving the integrity of that sex offender register so it's meaningful," she said.
"I don?t think teenage kids who are filled with hormones who photograph their own bodies ? they're exploring their sexuality, they're not aware of the risks that they?re taking.
"I don't think these teenagers represent a threat to society. Certainly not in the same way a convicted pedophile might."
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