Legal Consequences of Cyberbullying and Online Harassment
The rise of social media, instant messaging, and online platforms has made communication faster and easier. However, it has also opened the door to harmful behaviour such as cyberbullying and online harassment. In Australia, these acts are taken seriously under Criminal Law, and offenders can face severe legal consequences. Whether you are a victim seeking justice or someone accused of online misconduct, understanding the legal framework is essential.
What Is Cyberbullying and Online Harassment?
Cyberbullying refers to the use of digital platforms to intimidate, threaten, humiliate, or repeatedly target someone. Online harassment often overlaps but can also include persistent stalking, sending offensive material, or spreading defamatory content.
Examples include:
Threatening messages sent via text or social media.
Sharing humiliating images or videos without consent.
Impersonating someone online to damage their reputation.
Persistent unwanted contact or harassment.
The Legal Framework in Australia
In Australia, cyberbullying and online harassment fall under several key Criminal Law provisions. The Criminal Code Act 1995 (Cth) makes it an offence to use a carriage service (such as the internet, email, or social media) to threaten, harass, or menace another person.
Fines and Criminal Convictions - Offenders can be fined heavily for online harassment offences.
Imprisonment - Serious offences, particularly threats of violence or distribution of intimate images, can result in jail terms of up to three years or more.
Restraining or Apprehended Violence Orders (AVOs/IVOs) - Courts may impose protective orders restricting an offender from contacting or approaching the victim.
The eSafety Commissioner plays a vital role in helping victims of cyberbullying. They can investigate complaints, order the removal of harmful online content, and take action against offenders. For young people, schools may also have obligations to intervene if bullying occurs in connection with education.
Protecting Yourself Against Cyberbullying
Victims of online harassment are encouraged to:
Keep Records - Save screenshots, emails, and messages as evidence.
Report the Abuse - Notify the platform (Facebook, Instagram, TikTok, etc.) and report the content.
Seek Legal Advice - A criminal lawyer can advise whether the behaviour amounts to a criminal offence.
Contact Police - In cases of threats, stalking, or sustained harassment, immediate police involvement may be necessary.
Why Legal Advice Matters
Navigating Criminal Law in cases of cyberbullying is complex. Victims may need guidance on protective measures, while those accused require advice on defending charges. Having an experienced lawyer ensures your rights are protected at every stage.
At New South Lawyers, our team specialises in providing clear and practical advice on criminal offences, including cyberbullying, online harassment, and cybercrime cases.
Cyberbullying and online harassment are not just “online problems” – they are serious matters under Australian Criminal Law. Offenders face fines, imprisonment, and restraining orders, while victims have multiple avenues for protection and justice. By understanding your legal rights and seeking timely advice, you can take the right steps to safeguard yourself or defend against allegations.
If you are facing charges for cyberbullying or are a victim of online harassment, do not face it alone. The legal consequences can be life-changing, but you have options.
Contact New South Lawyers today for confidential and expert advice tailored to your situation. We are here to protect your rights and guide you through the legal process with clarity and confidence.
