Cyberbullying can have serious emotional, social and legal consequences. While many people associate cyberbullying with online arguments or offensive comments, some forms of online harassment may amount to a criminal offence under NSW or Australian law.
Understanding what behaviour may be unlawful, what steps you can take, and when to seek legal advice can help protect your rights if you are experiencing cyberbullying.
What is cyberbullying?
Bullying involves repeated behaviour intended to harm, intimidate, threaten, embarrass or humiliate another person or group.
Cyberbullying occurs when someone uses technology, such as the internet, social media, email, messaging applications or mobile phones, to repeatedly harass, threaten, abuse or harm another person.
Not all cyberbullying is a criminal offence. However, the behaviour may become unlawful depending on the seriousness, frequency and nature of the conduct.
When is cyberbullying a crime in NSW?
Cyberbullying may constitute a criminal offence when it involves threats, harassment, intimidation or other unlawful conduct.
Examples of behaviour that may have legal consequences include:
- Threats or intimidation: Sending threatening messages, emails, texts or online posts intended to frighten or intimidate another person.
- Stalking: Repeated unwanted contact, monitoring or communication that causes a person to fear for their safety or wellbeing.
- Encouraging suicide: Using online platforms or messages to encourage another person to take their own life.
- Defamation: Publishing false information about someone that causes serious harm to their reputation.
- Offensive or harassing online behaviour: Using phones, social media or other technology in a threatening, abusive or offensive way.
- Unauthorised account access: Accessing another person’s online accounts without permission.
The specific offence will depend on the circumstances, including what was said or shared, who was targeted and the impact of the conduct.
What laws apply to cyberbullying?
Cyberbullying can involve offences under both NSW and Commonwealth legislation.
For example, serious online harassment may fall under offences relating to stalking, intimidation, harassment or the misuse of telecommunications services.
In NSW, stalking offences are covered by the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Commonwealth offences may also apply where someone uses a carriage service, such as a phone or internet connection, to menace, harass or offend another person.
You can find further information about online safety and reporting harmful online behaviour through the Australian eSafety Commissioner.
What are your rights if you are being cyberbullied?
If you are experiencing cyberbullying, you have the right to take steps to protect yourself and seek support.
Depending on the situation, you may be able to:
- ask the person responsible to remove the offending material;
- report abusive content to the relevant website or social media platform;
- block the person from contacting you;
- report repeated phone calls or messages to your telecommunications provider; and
- seek legal advice about your options.
Many social media platforms allow users to report bullying, harassment and abusive content. Platforms may remove content that breaches their community standards or terms of use.
If someone is sending unwanted messages or calls, your phone provider may also be able to assist. Providers can sometimes issue warnings, restrict services or suspend accounts depending on the circumstances.
How to collect evidence of cyberbullying
If you are experiencing cyberbullying, keep detailed records of what is happening. Evidence can help identify the person responsible and support any legal action.
You should consider keeping:
- screenshots of messages, comments or social media posts;
- copies of emails or online communications;
- dates and times of phone calls or messages;
- usernames, account details and profile information; and
- any evidence showing the impact the behaviour has had on you.
A lawyer can review the evidence and advise whether the conduct may amount to a criminal offence or whether other legal options are available.
Legal remedies for cyberbullying
The legal options available will depend on the type of cyberbullying and the harm caused.
Defamation claims
If someone publishes false statements, images or information that seriously damages your reputation, you may have options under defamation law.
Defamation claims can be complex, so you should obtain legal advice before taking action.
Discrimination complaints
If cyberbullying involves sexual harassment, discriminatory comments or targeted abuse based on a protected characteristic, you may be able to make a complaint to an appropriate organisation.
In NSW, this may include the NSW Anti-Discrimination Board. Depending on the circumstances, complaints may also be made to the Australian Human Rights Commission.
What are the consequences of cyberbullying?
Cyberbullying can result in serious consequences for the person responsible.
Possible consequences include:
- social media accounts being suspended or removed;
- telecommunications services being restricted or cancelled;
- disciplinary action at school, university or work;
- civil claims for compensation; and
- criminal charges.
In serious cases, cyberbullying may result in a criminal conviction.
For example, stalking offences in NSW can carry significant penalties, including imprisonment. Using a phone or internet service to threaten serious harm, threaten to kill, menace, harass or offend another person may also result in criminal charges under NSW or Commonwealth law.
The penalty will depend on the specific offence, the circumstances and the seriousness of the conduct.
What should you do if you are being cyberbullied?
If you are experiencing cyberbullying, consider taking these steps:
- Do not respond to abusive messages or escalate the situation.
- Save evidence of the conduct before deleting anything.
- Report the behaviour to the relevant platform or service provider.
- Tell someone you trust and seek support.
- Speak with a lawyer if the behaviour continues or you believe a criminal offence has occurred.
Conclusion
Cyberbullying can go beyond inappropriate online behaviour and may result in serious legal consequences. Threats, stalking, harassment, unauthorised access and other harmful online conduct may constitute criminal offences.
If you or someone you know is experiencing cyberbullying, obtaining legal advice can help you understand your rights, preserve evidence and determine the best course of action.
If you need more information or advice, please contact us on (02) 9818 2888 or email [email protected].