Cyberstalking and Online Harassment Under the Online Safety Act and Criminal Code — Australia
Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Cyberstalking in Australia is covered at multiple levels. Criminal Code Act 1995 (Cth) s.474.17 criminalises using a carriage service to menace, harass, or cause offence — penalties up to 5 years' imprisonment. State stalking offences (e.g., NSW Crimes (Domestic and Personal Violence) Act 2007 s.13) also apply. The eSafety Commissioner under the Online Safety Act 2021 operates the adult cyber abuse scheme for serious online abuse and the cyberbullying scheme for under-18s.
When does it apply?
- Repeated unwanted contact via digital channels.
- Doxxing.
- Threats.
- Image-based abuse — see NCII page.
- Cyberbullying of under-18s.
Filing a Cyberstalking Complaint in Australia
- Block, mute, document.
- Report to eSafety Commissioner at esafety.gov.au — adult cyber abuse or cyberbullying scheme.
- For criminal investigation, report to state police or via ReportCyber.
- For physical-safety risk, 000.
What should you NOT do?
- Don't engage the stalker.
- Don't delete evidence.
- Don't post screenshots publicly before reporting — defamation laws apply.
About Data Privacy & Digital Rights in Australia
Australia's data-protection framework is the Privacy Act 1988 (Cth) + the Australian Privacy Principles (APPs). Regulator: Office of the Australian Information Commissioner (OAIC). The Notifiable Data Breaches scheme has applied since February 2018. For NCII, Australia has the eSafety Commissioner under the Online Safety Act 2021 — a world-leading regulator with takedown power for image-based abuse (24-hour removal notices). State criminal offences (e.g., NSW Crimes Act s.91Q) also apply.
Common Questions
What does s.474.17 cover?
Criminal Code Act 1995 (Cth) Section 474.17 criminalises the use of a carriage service (telephone, internet) to menace, harass, or cause offence. Penalties up to 5 years' imprisonment. Used by AFP and state police for sustained cyber abuse and harassment.
What's the adult cyber abuse scheme?
Under the Online Safety Act 2021, the eSafety Commissioner operates a scheme for serious adult cyber abuse — content that is intended to cause serious harm and would be reasonably regarded as menacing, harassing, or offensive. eSafety can issue removal notices to providers; non-compliance attracts civil penalties.
Are there free legal-aid options?
Yes — Legal Aid Commissions in each state / territory; community legal centres (CLCs); Women's Legal Services (where applicable). For NCII / image-based abuse victims, the eSafety Commissioner can support without legal representation needed.
What is the cyberstalking and online harassment under the online safety act and criminal code right in Australia?
Cyberstalking in Australia is covered at multiple levels. Criminal Code Act 1995 (Cth) s.474.17 criminalises using a carriage service to menace, harass, or cause offence — penalties up to 5 years' imprisonment. State stalking offences (e.g., NSW Crimes (Domestic and Personal Violence) Act 2007 s.13) also apply. The eSafety Commissioner under the Online Safety Act 2021 operates the adult cyber abuse scheme for serious online abuse and the cyberbullying scheme for under-18s.
When does cyberstalking and online harassment under the online safety act and criminal code apply?
Repeated unwanted contact via digital channels.Doxxing.Threats.Image-based abuse — see NCII page.Cyberbullying of under-18s.
How do I report online harassment in Australia?
Block, mute, document.Report to eSafety Commissioner at esafety.gov.au — adult cyber abuse or cyberbullying scheme.For criminal investigation, report to state police or via ReportCyber.For physical-safety risk, 000.
What mistakes should I avoid with cyberstalking and online harassment under the online safety act and criminal code?
Don't engage the stalker.Don't delete evidence.Don't post screenshots publicly before reporting — defamation laws apply.