Cyberbullying Laws in Australia: Protecting Yourself Online

With more of our lives spent online, cyberbullying has become an increasingly serious issue across Australia. To address the growing risks associated with digital abuse, the Australian Government has introduced and updated legislation to hold perpetrators accountable and offer stronger protections to victims.

This article breaks down what cyberbullying means, the legal framework surrounding it, recent changes to the law, and steps you can take to safeguard your wellbeing online.

What is Cyberbullying?

Cyberbullying is when someone uses technology—like social media, messaging apps, emails, or online forums—to harass, threaten, intimidate, or humiliate others. It can take many forms, including:

• Sending threatening or abusive messages

• Spreading false or damaging rumours

• Sharing private or explicit images without consent

• Impersonating someone online to cause harm

Cyberbullying can cause serious emotional and psychological distress, and in severe cases has been linked to anxiety, depression, and self-harm.

The Legal Framework in Australia

1. Criminal Code Act 1995 (Cth)

Section 474.17 of the Criminal Code makes it a criminal offence to use a carriage service (like the internet or a mobile phone) to menace, harass or cause offence.
Maximum penalty: 3 years’ imprisonment.

2. Online Safety Act 2021

This legislation gives the eSafety Commissioner power to order the removal of harmful content, especially material targeting Australian children.
It also allows for penalties against platforms that fail to comply with removal notices.

Recent Legal Changes (2024–2025)

1. Social Media Minimum Age Laws (2024)

New laws require platforms to take reasonable steps to prevent users under 16 from signing up. The aim is to reduce youth exposure to online harm, including cyberbullying.

2. Digital Duty of Care Proposal

Expected to be introduced in late 2025, this law would impose a duty on tech companies to proactively prevent harm by assessing risks and implementing safeguards—especially for children.

3. Proposed Increase in Penalties

There are discussions underway to increase the maximum penalty for cyberbullying offences from 3 years to 5 years’ imprisonment—highlighting the growing seriousness of these crimes.

How to Protect Yourself from Cyberbullying

1. Report It to the eSafety Commissioner

You can lodge a report at www.esafety.gov.au/report.
The Commissioner can help get harmful content removed and take action against offenders.

2. Seek Legal Advice

In more serious cases, consider contacting a criminal lawyer. You may be able to apply for an Apprehended Violence Order (AVO) or pursue defamation claims where appropriate.

3. Keep Evidence

Take screenshots, save messages, and document everything. This can be vital if legal action is needed.

4. Use Platform Tools

Most social media platforms let you report and block abusive users. Use these tools early to minimise further harm.

5. Look After Your Mental Health

Cyberbullying can have lasting effects. Don’t hesitate to reach out to a mental health professional or support services like Beyond Blue or Kids Helpline.

Australia has made significant progress in tackling cyberbullying through legal reform, increased platform accountability, and public awareness. Still, it’s vital to know your rights and take steps to protect yourself and others.

If you’re facing online abuse, don’t stay silent—there are legal protections in place, and help is available.

Need Legal Advice?

If you or someone you know is being affected by cyberbullying, contact LY Lawyers. Our team can provide confidential legal advice and support you through the next steps.