The increasing prevalence of cyber bullying, stalking, and harassment has brought these issues into sharp focus in recent years. Advances in technology and the anonymity afforded by the internet have created new avenues for these harmful behaviours, prompting greater attention from law enforcement. Since 2015, all NSW police officers have received training to investigate cybercrime, reflecting its growing importance in the legal landscape.
At Repute Law, we understand the serious impact these offences can have on individuals. Our team of Senior Lawyers has extensive experience handling complex cybercrime matters, achieving positive outcomes for clients whether they are victims or those accused of online offences.
Understanding Cyber Offences
Australian law provides a comprehensive framework to address online abuse. Several key offences include:
- Stalking or Intimidation: Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is an offence to stalk or intimidate another person with the intent to cause fear of physical or mental harm. Penalties include up to 5 years’ imprisonment, a fine of $5,500, or both.
- Threats via Carriage Service: The Criminal Code Act 1995 (Cth) criminalises using a carriage service (e.g., phone, internet) to issue threats to kill (maximum penalty: 10 years’ imprisonment) or cause serious harm (maximum penalty: 7 years’ imprisonment).
- Harassment Using a Carriage Service: Menacing, harassing, or offending another person via a carriage service carries a penalty of up to 3 years’ imprisonment under the Criminal Code Act 1995 (Cth).
Unauthorised Access to Data: Accessing or modifying computer data without permission is an offence under the Criminal Code Act 1995 (Cth), punishable by up to 3 years’ imprisonment. - Publishing Indecent Material: Sharing indecent or explicit images without consent, such as revenge pornography, is prohibited under the Crimes Act 1900 (NSW), carrying a maximum penalty of 12 months’ imprisonment, a fine of $11,000, or both.
At Repute Law, our deep understanding of these laws enables us to provide practical and effective advice to clients, whether they are seeking justice or facing accusations.
Cyber Stalking
Cyber stalking is a form of harassment involving the persistent monitoring, contacting, or intimidation of another person online. Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), stalking includes actions such as following someone’s movements, contacting them repeatedly, or approaching their workplace, home, or any location they frequent.
Examples of cyber stalking include:
- Sending repeated or threatening messages via text or email.
- Posting or messaging on social media platforms.
- Attempting to track someone’s location without consent.
Repute Law is skilled at handling both sides of these matters, from advocating for victims to defending individuals facing allegations of cyber stalking.
Cyber Bullying and Harassment
Cyber bullying often involves intimidating or humiliating conduct carried out through digital platforms, including social media, messaging apps, and online forums. Although there is no single law criminalising “cyber bullying,” certain behaviours fall under broader legal provisions, such as:
- Using a Carriage Service to Harass, Menace, or Offend: Posting harmful messages, images, or threats online.
- Making Threats via Digital Platforms: Threatening an individual or their loved ones.
Victims of cyber bullying may also seek protection through an Apprehended Personal Violence Order (APVO) in situations where the harassment escalates. Repute Law provides clear guidance and skilled representation in these cases, helping clients achieve safety and peace of mind.
Repute Law’s Expertise in Cybercrime Defence
Repute Law has successfully represented clients in cases involving cybercrime allegations, achieving results that highlight the importance of thorough investigation and advocacy.
In one case, we engaged a forensic expert to analyse our client’s phone, revealing that the alleged victim had also sent a significant volume of messages on WhatsApp. This evidence undermined the prosecution’s claims, and the charges of using a telecommunications device to harass or menace were ultimately withdrawn.
In another complex matter, Repute Law secured a Conditional Release Order without conviction for a client facing serious allegations, including breaching an AVO, stalking, and using a carriage service to menace, harass, or offend. Despite having a prior Section 19B dismissal for a similar offence just months earlier, our team presented a compelling case that led to this favourable non-conviction outcome. This allowed our client to avoid a criminal record, protecting their future opportunities and reputation.
At Repute Law, we pride ourselves on balancing strong advocacy for the accused with an understanding of the gravity of cybercrime allegations.
Taking Action
If you or someone you know is experiencing cyber bullying, stalking, or harassment, it is essential to report the matter to NSW Police. Their training ensures these cases are handled with the seriousness they deserve.
For those accused of cyber-related offences, seeking experienced legal representation is critical. At Repute Law, our team of Senior Lawyers provides empathetic, non-judgmental guidance and strong defence strategies tailored to the specific circumstances of each case.
Whether you need protection as a victim or a skilled advocate to represent you, Repute Law is here to help. Contact us today for expert advice and representation.