Cyberbullying laws in Australia: how they actually work

Cyberbullying laws in Australia: What can you do? 

Legal remedies for online harassment in Australia

This article explains what “cyberbullying” actually means under Australian law (because it is not one single neatly labelled offence), when online abuse becomes unlawful under the Online Safety Act 2021 (Cth), how the eSafety Commissioner can require removal of harmful content (often within 24 hours of issuing a notice), when criminal law – including s 474.17 of the Criminal Code Act 1995 (Cth) – may apply, how defamation law can protect your reputation under Australia’s uniform Defamation Acts, and the practical steps you should take before escalating a matter legally so that you protect both your safety and your position.

Cyberbullying and online harassment used to sound like “kids and keyboards”; now it is just as likely to involve a professional, a small business owner or a parent caught in a very public mess. The good news is that Australian law has largely caught up. The less comforting news is that the law sits across multiple regimes, and knowing which lever to pull — and when — makes all the difference.

What actually counts as cyberbullying or online harassment?

“Cyberbullying” is not a single standalone criminal offence in Australia. It is an umbrella term that captures a range of behaviours which may breach different laws depending on the facts.

Common patterns include:

• Threatening or abusive messages (DMs, emails, comments).
• Coordinated shaming posts, pile-ons and “hate campaigns”.
• Sharing, or threatening to share, intimate images without consent.
• Impersonation accounts and fake profiles.
• Doxxing — publishing someone’s private information (such as their address) to encourage harassment.

While the label “cyberbullying” is informal, many of these behaviours are very much unlawful under existing Commonwealth and State legislation.

If you are thinking “surely this can’t be legal?” — you are often right.

How does eSafety actually help?

The primary civil regulatory scheme sits under the Online Safety Act 2021 (Cth).

Under that Act, the eSafety Commissioner can investigate complaints about:

• Serious cyberbullying of children;
• Adult cyber-abuse;
• Image-based abuse; and
• Certain other harmful online content.

For adults, the key threshold is important. Material may qualify as “adult cyber-abuse” where it is:

• Menacing, harassing or offensive in all the circumstances; and
• Intended to cause serious harm to the person targeted, or an ordinary reasonable person would conclude it is likely to cause serious harm./li>

The “serious harm” requirement is critical. The scheme is not designed to regulate ordinary online rudeness or minor disputes. It is directed at conduct that crosses a real harm threshold.

If eSafety is satisfied the legal test is met, the Commissioner can issue a removal notice to a social media service, website operator or in some cases an individual. Those services are generally required to remove the material within 24 hours of being given the notice. Civil penalties may apply for serious or systemic non-compliance.

In practice, this scheme is especially powerful where:

• The perpetrator is anonymous;
• The account holder is overseas; or
• The platform is the most practical point of control.

You do not necessarily need to know who is behind the account for action to be taken.

Before escalating to eSafety, you are generally expected to report the content to the platform first and allow it a reasonable opportunity to act. Evidence preservation is essential: screenshots should clearly show the URL, date, time and account name.

When does criminal law apply?

Online harassment can also amount to a criminal offence.

Section 474.17 of the Criminal Code Act 1995 (Cth) makes it an offence to use a carriage service (which includes internet and phone services) to menace, harass or cause offence. Courts have interpreted “offence” as requiring a degree of seriousness — not mere trivial annoyance.

In addition, State and Territory legislation includes offences such as:

• Stalking;
• Intimidation;
• Threats of violence;
• Image-based abuse offences; and
• Using a carriage service to threaten serious harm (in some jurisdictions).

Where there is a pattern of conduct, threats to safety, or non-consensual sharing of intimate material, police involvement may be appropriate.

Importantly, if you are facing threats of violence or conduct that creates genuine fear for your safety, contact police immediately. Courts can issue protective orders (such as AVOs, ADVOs, FVIOs or their equivalents depending on your State or Territory). Breaching such orders is itself a criminal offence.

Defamation: protecting your reputation

Not all online abuse is about safety.

Sometimes it it can be about reputation instead.

Under Australia’s uniform Defamation Acts (for example, the Defamation Act 2005 (NSW) and its equivalents), a publication is defamatory if it conveys one or more defamatory imputations that cause serious harm to a person’s reputation. Since recent reforms, the “serious harm” threshold must be established.

If someone posts that you are a fraud, dishonest, incompetent or criminal, and that allegation is false and causes serious reputational harm, you may have a claim.

Australian courts treat social media publications like any other form of publication. In Mickle v Farley, defamatory comments posted by a student about a teacher on Facebook and Twitter resulted in an award of $105,000 in damages. The fact that comments are made “off the cuff” online does not diminish legal responsibility.

The High Court has also clarified in Fairfax Media Publications Pty Ltd v Voller that page owners who facilitate and encourage comments on their public pages can be treated as publishers of third-party comments, even if they did not write them. Knowledge of specific defamatory comments becomes particularly relevant to available defences, but liability as a publisher can arise from the act of facilitating publication itself. Simply “leaving it up” once on notice significantly increases risk.

Defamation proceedings can result in:

• Formal apologies;
• Corrections;
• Court-ordered takedowns;
• Damages (including aggravated damages in appropriate cases); and
• Injunctions restraining further publication.

However, defamation litigation is technical, time-sensitive and can be expensive. It is often not the first step, but it can be a powerful strategic option in serious or ongoing matters.

Before you jump into formal legal action, there are some simple, sensible steps to take. Your first priority is your safety. If there are any threats of violence, stalking or behaviour that makes you genuinely fear for your safety, contact the police straight away. Your physical safety matters more than anything else you might do online.

Next, try to cut down how much the abuse reaches you. Use the platform’s tools to block and mute the person, and tighten your privacy settings so they have less access to you. This is not “letting them win”; it is a way of protecting your mental health and giving yourself some space while you decide what to do next.

You should also collect and keep evidence as early as you can. Take clear screenshots that show the full web address (URL), the date and time, the account name or handle, and the actual content (post, image or message). Save copies of abusive DMs, texts and emails. Online material can be deleted, edited or disappear quickly, and having good evidence can make a big difference if you decide to complain formally or take legal action.

Then, use the reporting tools built into the platform. Most major social media and messaging services have options for reporting bullying, harassment, hate speech or fake/impersonation accounts. Use those tools as soon as possible, because they are often the quickest way to have content reviewed and sometimes removed, without spending money or getting into a legal fight.

Only after you have taken these practical steps should you think about getting legal advice and deciding whether to escalate to the eSafety Commissioner, the police or defamation proceedings. It is usually unwise to try to be your own lawyer. The law in this area is complex and technical, with different laws (online safety, criminal law, defamation, privacy) overlapping and strict time limits in some cases. If you try to handle it alone, you can easily say the wrong thing, miss a deadline or start the wrong type of action, which can weaken your position and cost you time and money. A lawyer can look at your evidence and help you choose the best, most effective path.

Practical steps before escalating

Frequently asked questions

1. Is cyberbullying a specific crime in Australia?
Not as a single labelled offence. However, conduct described as cyberbullying frequently breaches s 474.17 of the Criminal Code (Cth), State stalking or intimidation laws, image-based abuse offences, or the Online Safety Act civil regime.

2. Can anonymous trolls really be held accountable?
Yes, in some circumstances. eSafety can order removal of content regardless of anonymity, and courts may order preliminary discovery against platforms to identify account holders in appropriate cases. “Anonymous” does not mean legally untouchable.

3. How quickly can harmful content be removed?
Where the Online Safety Act applies, services may be required to remove material within 24 hours of being issued a removal notice by the Commissioner. Platform internal timeframes may also apply.

4. Do I always need to sue for defamation?
No. Many disputes resolve through platform complaints, eSafety escalation or formal correspondence. Litigation is generally reserved for more serious or persistent reputational harm.

5. Can businesses be victims?
Absolutely. Coordinated campaigns against small businesses and professionals can trigger both defamation law and online safety mechanisms.

About us

Our motto is “Turning Legalese into Legal Ease”.

That means translating the Online Safety Act, criminal law and defamation law into practical, strategic options that protect your safety and your reputation without you needing to decode the legislation alone.

If you are facing online harassment — as an individual or a business — you do not have to suffer in silence.

And you certainly do not need to navigate this legal terrain on your own.

---

Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.