There is no specific law criminalising cyberbullying in Australia, however, the existing laws have been amended to be able to criminalise and prosecute cyberbullying in Australia via the Crimes (Domestic and Personal Violence) Act 2007 (NSW), Commonwealth Criminal Code (1995), and Crimes Act 1900 (NSW).
Under section 75 of the Online Safety Act, a person who posts or shares intimate images of another person without their consent may be liable to a civil penalty of a fine of up to 500 penalty units.
Threats, abuse and harassment can be a criminal offence—but you may not be able to take legal action unless the harassment is enough to get a domestic violence order, or is considered sexual harassment or stalking.
The maximum penalties are terms of imprisonment of 3 years (menace, harass or cause offence), 5 years (standard aggravated offence – menace, harass or cause offence), 7 years (special aggravated offence – menace, harass or cause offence, 10 years (threat to kill), 7 years (threat to cause serious harm).
Every social media and online messaging platform has avenues for reporting and removing offensive content, and it is possible to take legal action against perpetrators of online harassment as well.
Anyone who is aware of online harassment can report it to the authorities. However, a law enforcement agency may require that either the person experiencing harassment or their legal representative of guardian file the related police report.
Remember that this behaviour is not okay and, if you are the recipient of it, it is not your fault. Unlawful Stalking is a criminal offence in all States and Territories in Australia. Cyberstalking is also considered an act of domestic violence.
The maximum penalty in these situations is five years' imprisonment. If it is alleged that you assaulted, stalked, harassed or intimidated a staff member or student while they were attending a school and actual bodily harm was caused, the maximum penalty is seven years' imprisonment.
Under the Act, an example of intimidation through cyberbullying is stated as follows: “the bullying of a person by publication or transmission of offensive material over social media or via email”.
Verbal abuse alone is NOT a crime. This means that under the Domestic and Personal Violence Act, verbal abuse or verbal assault CAN ONLY be a crime if it falls under the scope of “intimidation”, which can be found in the following situation: Gaslighting. Threat.
You can report harassment to the police. They can charge someone with criminal harassment if: the person has harassed you more than once. the harassment made you feel distressed or alarmed.
Most significantly, you can sue for the tort of intimidation. But before doing so, there are some things to consider. The tort of intimidation is rarely litigated, and, like all torts, it can be challenging to establish. It is important to acknowledge the difference between criminal law and torts.
You can report to the cyber cell of any city, even if the offence was committed when you were in a different city. A list of details of cyber crime cells can be accessed here. If you are unable to file a complaint in the cyber cell, you can file an FIR with the local police station.
Domestic violence, including mental and emotional abuse is a crime, but it also has strong connections with family law, particularly as it relates to the Family Law Act (1975). Several legal mechanisms are available to address abusive conduct, particularly if you need to be removed from a situation.
Psychological harassment is a form of vexatious behaviour that involves repeated hostile and unwanted words, behaviour, or actions that are painful, hurtful, annoying, humiliating or insulting.
Examples of harassment include offensive or derogatory jokes, racial or ethnic slurs, pressure for dates or sexual favors, unwelcome comments about a person's religion or religious garments, or offensive graffiti, cartoons or pictures.
Under Section 13 of the Crimes (Domestic and Personal Violence) Act 2007, any person who stalks or intimidates another with the intention of causing fear of physical or mental harm knowing the conduct is likely to cause fear will be punished for up to 5 years' imprisonment and/or 50 penalty units.
Report to the police
If you report the harassment to the police they will investigate to determine whether the abusive person has committed a crime, such as criminal harassment, stalking or, based on other things that the abusive person is doing, whether another crime has been committed.
Is It Harassment to Text Someone Repeatedly? The short answer is yes. When you keep sending repeated text messages, it can count as harassment.
Report someone pretending to be you or someone else on Messenger. From Chats, open the conversation and tap the person's name at the top. Scroll down and tap Report.
What Can I Do to Help My Case? You can improve your case by collecting evidence in your defense. You should remain calm and do not retaliate or confront the accuser. You should look at your employer's harassment policy and provide it to your lawyer.
When you report someone on Messenger, a member of Facebook's support team will review your complaint. It usually takes up to 48 hours to determine if the recipient has violated Facebook guidelines or not.