Bullying and Online Safety: Your Legal Options in Australia
Bullying and online abuse affect children, young people, and adults. While not every case is a crime, Australian law offers protections through the Office of the eSafety Commissioner, criminal law, and civil remedies.
What Counts as Bullying?
Bullying is deliberate behaviour aimed at hurting, intimidating, or excluding someone, or damaging their reputation. It can:
Happen in person or online
Be obvious or subtle
Target children, teenagers, or adults
There is no single “anti-bullying law” in Australia. However, depending on the conduct, both criminal and civil laws may apply.
The eSafety Commissioner’s Role
The eSafety Commissioner is Australia’s national online safety regulator. Its powers, expanded under the Online Safety Act 2021 (Cth), include:
Removing cyber bullying material targeting children
Investigating serious adult cyber abuse
Ordering the removal of intimate images shared without consent
Requiring platforms to block or delete illegal or harmful online content
Issuing civil penalties and court orders for breaches
Harmful content should first be reported to the platform where it was published. If it is not removed within 48 hours, a complaint can be made to eSafety. For image-based abuse or illegal content, report directly to eSafety immediately.
Child Safe Environments
Organisations working with children (schools, clubs, childcare services) must have child safe policies and procedures. These are designed to protect children from harm, including bullying, and must meet compliance standards set by government authorities.
Parents and guardians can request to see these policies at any time.
When Bullying Becomes a Crime
Bullying can cross into criminal behaviour. Examples include:
Assault
Stalking or cyber stalking
Unlawful threats
Distribution of invasive images
Criminal defamation
Humiliating or degrading filming
In Australia, children from 10 years old can face criminal responsibility, though police often use discretion when dealing with young offenders.
Civil Remedies for Bullying
Victims of bullying may also have civil law options, such as:
Intervention orders
Discrimination complaints
Defamation claims
Victims of crime compensation
In schools, anti-bullying policies and complaints procedures may apply. In workplaces, separate workplace bullying laws exist.
Civil Penalties Under the Online Safety Act
The eSafety Commissioner can issue heavy civil penalties, including:
Fines of up to $111,000 for individuals or $555,000 for companies for sharing intimate images without consent
Penalties for failing to comply with a removal notice
Court orders or enforceable undertakings for repeat breaches
What To Do If You Experience Bullying or Online Abuse
Save evidence – screenshots, messages, or links
Report to the platform first
Escalate to eSafety if not resolved within 48 hours, or if it involves image-based abuse or illegal content
Get legal advice if you want stronger protections or remedies
When to Call a Lawyer
Legal advice may be needed if:
You or your child has experienced serious online abuse
You want to apply for an intervention order or other protections
You are considering a civil claim for discrimination, defamation, or compensation
You need help navigating a complaint with the eSafety Commissioner
You want to understand your rights to review or appeal an eSafety decision
Bullying and online abuse can be frightening, but Australians are not without protection. Between the eSafety Commissioner’s powers, criminal laws, civil remedies, and organisational responsibilities, there are multiple ways to take action.
For confidential advice, contact our office. For resources and reporting, visit the Office of the eSafety Commissioner.
Note: This OYBlog was created with AI assistance using the source - https://lsc.sa.gov.au/cb_pages/cyberstalkingcyberharassment.php