The High Court has upheld the first appeal under the Harmful Digital Communication Act, saying posting intimate images on Facebook met the harm threshold detailed in the act.
Justice Matthew Downs quashed an original decision to discharge, and said there was merit in the case continuing.
In the original decision, a man was charged with breaching a protection order in relation to his estranged wife and causing her harm through posting photos on Facebook.
According to the appeal document, the man said he would post photos of the woman online if she did not stay away from other men, and told her to cancel the protection order.
A friend of the woman's then found "not very nice pictures" of her on Facebook. The woman identified them as being ones she had taken of herself after she had separated from her husband, saying they were personal.