Online Safety— of 2018 12 (3) In determining whether posting an electronic communication would cause harm, the court may take into account any factor it considers relevant, including— (a) the extremity of the language, images or videos used; (b) the age and characteristics of the individual concerned; (c) whether the electronic communication was anonymous; (d) whether the electronic communication was repeated; (e) the extent of circulation of the electronic communication; (f) whether the electronic communication is true or false; and (g) the context in which the electronic communication appeared. Posting an intimate visual recording 25.—(1) Subject to subsection (3), a person must not post or threaten to post an intimate visual recording of an individual. (2) Any person who contravenes subsection (1) commits an offence and is liable upon conviction to— (a) in the case of an individual, a fine not exceeding $20,000 or imprisonment for a term not exceeding 5 years or both; and (b) in the case of a body corporate, a fine not exceeding $100,000 and for a director, chief executive officer, manager or officer in charge for the time being, to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 7 years, or both. (3) Subsection (1) does not apply if the individual, who is the subject of the electronic communication concerned, consents to the specific post of the intimate visual recording. (4) In this section, “consent” must be voluntary, expressed and informed, and does not include the consent of a child. PART 5—MISCELLANEOUS Review of this Act 26.—(1) The Commission must conduct a review in relation to the following at least once every 2 years— (a) the operation of this Act and any regulations made under this Act; and (b) whether this Act should be amended. (2) The Commission must prepare a report of the review under subsection (1) and submit the report to the Minister.