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Man films couple's X-rated display on busy beach – but who's in the wrong?

A man filmed a couple getting intimate on Adelaide's Henley Beach before confronting them and posting the video on Facebook.

A video of a couple engaged in an X-rated act on a busy beach has gone viral, but despite the act being in public, the man who filmed could be the one in trouble.

The footage, originally posted to Facebook but now taken down, shows two people making out on the sand while in a compromising position on Henley Beach, Adelaide on Monday afternoon, 7News reported.

While everyone else seem to be minding their own business, a male beachgoer decided to film the public canoodling just metres away.

Two photos of a couple public canoodling on Henley Beach in Adelaide, who were recorded by another beachgoer.
A beachgoer videoed a couple canoodling on Henley Beach in Adelaide, which has now spread across social media. Source: 7News

The couple were approached by the man filming who accused them of acting indecently in front of other beachgoers. He asked the man involved to apologise.

"Yeah, 100 per cent sorry for doing that in front of kids," he said. The beachgoer then decided to broadcast the video on his Facebook, reportedly attracting thousands of views.

Is filming a sexual act in public illegal?

While filming people in public places is generally allowed in Australia, videoing or taking photos of someone in an intimate display is tied up in consent and privacy laws, which vary across different states.

Videoing or taking photos of someone in an intimate act is illegal, unless permission is granted. As is distributing the intimate image or video on places like social media. Under South Australian law a person convicted of indecent filming faces a $10,000 fine or two years' jail.

Solicitor Hugh Woods from Woods & Co told 7News recording the couple could be considered a "privacy breach" — which may result in something that's not "just a slap on the wrist".

"Some of these offences can attract prison sentences, albeit unlikely," he said to the publication.

In Australia, under the 2021 online safety act, an 'intimate' display is defined as someone being nude, having their genitals or behind exposed (whether covered by underwear or not), having their breasts show (if they identify as female) or engaged in an intimate sexual activity.

Opinion divided on X-rated beach act

The man who filmed the couple believed their actions were inappropriate, however reaction from social media users has been mixed.

"It’s a public place. No right to privacy. Want privacy get busy at home behind closed doors," one person commented on Facebook.

"I’ve seen a lot worse on the beach," a third person said. "Just keep walking," someone else suggested.

Police have reportedly seized the footage from the man and chosen not to pursue charges against any of the parties involved.

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