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Cyberbullying is where someone bullies another person online or by sending emails or messages using a phone or computer.
Cyberbullying can cause serious problems for everyone involved, and in some cases it can be a crime.
We recommend that you think very carefully before you say things about anyone else online or in an email or message.
If you, or someone you know, is in immediate danger, phone 000.
Bullying is repeated behaviour which is done on purpose to make someone feel hurt, upset, scared or embarrassed.
If a person bullies someone by sending emails or messages or by saying or doing things online (e.g. on a social networking site) then it’s often called cyberbullying.
Cyberbullying can happen in lots of different ways. For example it can include sending or posting nasty or embarrassing comments or photos, spreading rumours, making threats, excluding someone online, or pretending to be someone else to make them look bad.
In serious cases, cyberbullying can be a crime.
We explain some of the main laws that could apply below. But please note, the law in this area is complicated and this is just a summary.
If you are worried about anything that you or someone else has sent or posted we recommend you get legal advice.
There is a national law that makes it a crime to use a phone or the internet in a way that is menacing, harassing or offensive. To be considered a crime, the behaviour must be likely to have a serious effect on the person targeted.
Cyberbullying may be a crime under this law if, for example, it involves frightening someone by threatening to harm them, bothering someone over and over again so that they feel afraid, or if messages, emails or posts make someone feel seriously angry or upset.
Cyberbullying may be a crime under Northern Territory law if it involves stalking someone.
Stalking is where someone keeps giving another person unwanted attention (e.g. by following them around or contacting them) to purposely frighten them or cause them physical or mental harm.
Stalking can include repeatedly doing one or more of the following:
Cyberbullying may be a crime under national law if it involves using a phone or the internet to scare someone by threatening to kill or seriously harm them.
It may also be a crime under Northern Territory law if it involves threatening to kill someone, threatening to damage property or someone’s house, or threatening to injure or harm someone to make them do something or stop them doing something.
Cyberbullying may be a crime if it tries to persuade someone to commit suicide.
Under national law, it is a crime to use a phone or the internet to send or post anything that encourages or helps someone to commit suicide. There is also a Northern Territory law which makes it a crime to encourage or help someone commit suicide.
Cyberbullying could be a crime if it involves sending or posting nude or sexual images of someone without their consent, or threatening to. This is called image-based abuse and it is a crime in the Northern Territory and is also against national law.
Depending on the circumstances, there are other crimes that may also apply to cyber-bullying.
For example:
Cyberbullying may also breach some civil laws.
It may breach national anti-discrimination laws if it is ‘racial hatred’, or in some circumstances if it involves sexual harassment.
Cyberbullying could also result in a civil claim for defamation if online posts or messages damage someone’s reputation because they say untrue things about them. See our page on Defamation for more information.
If you commit one of the crimes we have talked about above, the consequences can be very serious. You may be investigated and charged by the police, and if you are found guilty you could end up with a criminal record or even go to jail.
We recommend that you think very carefully before you say anything about someone online or in an email or message.
If you are having issues with anyone, try not to react to them by email, text or social networking sites.
If something is written down or posted online, it’s never private and it’s permanent – even after you delete it!
If someone cyber-bullies you, try not to retaliate by saying something hurtful back, especially online, as it might make the bullying worse or could be used against you.
Remove the material. It’s usually best to remove any material you are worried about, especially if someone has asked you to take something down that you’ve said or posted about them or if you have been contacted by the eSafety Commissioner. We suggest you get legal advice or talk to a trusted adult, especially if you are planning to contact the person (e.g. to apologise).
Get legal advice. If you are worried that you have cyberbullied someone, we recommend that you get legal advice straight away.
For free legal advice, you can contact us or one of these services:
If you are questioned by the police, you must give your correct name and address if the police think you can help them investigate an offence that has been or may have been committed. Other than that, you have the right to remain silent, even if you have been arrested. Try to remain calm, and politely ask to get legal advice before you give them any other information. For more information see our page on My rights with police.
If you, or someone you know, is in immediate danger, call the police on 000.
Get legal advice. If you are being cyber-bullied, there are things you can do to protect yourself. In serious cases you might be able to get an apprehended violence order (AVO),or take other legal action against the person.
Every situation is different, and a lawyer can help you understand your options.
For free legal advice, you can contact us or one of these services:
For more information on personal violence restraining orders you can see our page on Restraining orders.
Stopping the cyberbullying. If you want to take steps to get cyberbullying material removed or to stop the cyberbullying, then you can:
If you are being cyberbullied by someone at your school, you can speak to a teacher, the principal or the school counsellor so that the school can help you sort things out. For more information you can see our page on Bullying at School. If you are being cyberbullied by someone at work, then you can see our page on Bullying in the workplace.
Report it to the eSafety Commissioner. If you are under 18 and the victim of serious cyber-bullying you can make a report to the eSafety Commissioner. The Commissioner can work with you to help stop the cyberbullying and get the material removed.
For more information about how to make a report, including what information you need to include and what you need to do first, see the Cyberbullying complaints and Report cyberbullying sections of the eSafety Commissioner’s website. Note that the Commissioner can tell other people about your complaint, including the person responsible or the police, but (unless you are in danger) it will try to ask your permission first.
Talk to someone. Getting someone’s support can make you feel better, and they can start helping you fix the problem. You can talk to a friend, your parents, or other trusted adult.
If you would rather talk to a trained counsellor, you can call one of the services listed below for free and private counselling support.
Report it to the police. If you think you are the victim of one of the crimes we’ve talked about above, you can report it to the police. But it’s a good idea to get legal advice first, especially if you’re worried about anything you’ve said or done or if your situation involves a nude or sexual image of a young person. You should contact the police immediately if someone is threatening you.
If you know someone who is being cyberbullied or you have seen cyber-bullying online, it is important that you don’t join in, forward or share material or comment on anything. This could get you into trouble, as well as making things worse for the person being bullied. It is best if you leave any conversations or group chats if people are being nasty about someone.
There are things you can do to help stop the bullying and to support the people involved. For more information see the Australian Human Rights Commission’s webpage on What you can do to stop bullies – Be a supportive bystander, or visit one of the websites below.
Reviewed on 9/2/2021
Sources
Criminal Code 1995 (Cth)
Monis v R; Droudis v R [2013] HCA [310]
Monis, Man Haron v R; Droudis, Amirah v R [2011] NSWCCA 231 [44]
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)
Enhancing Online Safety Act 2015 (Cth)
The Senate Legal and Constitutional Affairs References Committee Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying (March 2018)
Criminal Code Act (NT)
Summary Offences Act (NT)
Personal Violence Restraining Orders Act (NT)
Anti-Discrimination Act (NT)
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