Social media

Is it a breach of privacy to publish material about someone else on social media?

The privacy laws in NSW (and at a Federal level) focus on regulating how certain agencies protect the privacy of individuals. The laws don't cover individuals that may breach another person's privacy. For example, they will not cover a situation where a friend gives out personal information about you without your permission.

This means that if you publish material about someone else, and you do it as an individual (not on behalf of a business or agency), it usually won't be a breach of privacy laws in NSW. However, before you decide to publish something, you should consider:

• whether you have the permission of the person/s in the material. This may help you to identify and resolve any concerns and avoid a legal dispute
  
• the nature of the material you want to publish. Posting photos or material of a sexual nature can be a criminal offence in some circumstances, for example, sharing an intimate image without consent, or if there is a child or young person (a person under 18 years of age) involved - serious criminal charges and penalties can apply
  
• whether the material harms a person's reputation. If it does, they may consider legal action against you for defamation
  
• if the material may be seen as bullying, i​ntimidating, harassing or threatening in any way
  
• the impact it will have in your workplace, or at school - usually, it will be a breach of school or workplace policies to publish material that might be bullying, harassment, discriminatory or offensive
  
• the effect it will have on your relationship with the person, or others, or any consequences others may face because you publish the material, for example, could it ruin a friendship
  
• whether the Court allows material to be published, for example, the Family Law Act 1975 (Cth) restricts people engaged in family law proceedings from publishing any information about their court proceedings, this includes on social media. 

Can I record a conversation or video footage without the other parties knowledge?

Generally, it's not allowed to record someone’s private conversation without their permission. The law states that using a listening device, like a mobile phone, to record, monitor, or listen to a private conversation is not allowed unless everyone involved agrees, or if the recording isn’t made to be shared with people outside the conversation. There are some exceptions, including when the recording is reasonably necessary for the protection of one’s lawful interests, or when done by law enforcement with a warrant or other legal authorisation.

Installing optical surveillance devices, such as cameras, in private spaces or vehicles, and recording videos without permission or while trespassing is against the law. The law also forbids publishing or broadcasting private conversations or video recordings, as well as possessing such recordings.  

Recording video footage or private conversations without permission could lead to criminal charges or a significant fine. However, unintentionally overhearing a private conversation is usually not considered an offence.

If you're worried about a recording, it's a good idea to seek legal advice about your specific situation.

A private image of me is being shared. What can I do? 

It is against the law for someone to share a private image of you against your wishes. This is known as image-based abuse. 

There are a few things you can do: 

• report an image to the website or social media service it is posted on
• report an image to the eSafety Commissioner 
• contact the person who has your image
• contact the police and report the crime 
• get some support. 
  

On some popular websites and social media services, you may be able to report the content and ask for an image or video to be taken down from the site. If your image is on a site that does not have a way to report image-based abuse, you can try using the contact us link, if they have one on the site.

Some sites promote image-based abuse. You should be careful about contacting these sites. They are also known as revenge porn sites. 

If you have tried reporting the content without success, or you are not confident approaching the site yourself, you can make a report to the eSafety Commissioner.

You can also try to contact the person who has shared your image and ask them to remove or delete it.

If you are at risk of immediate harm you should contact Triple Zero (000). For non-emergencies you can call the Police Assistance Line on 13 14 44 or contact your local police station.

For more information and assistance with getting an image or video removed, see Report image-based abuse on the eSafety Commissioner website.

In limited cases, you may be able to sue someone for sharing a private image of you against your wishes. If you have lost money or believe you will lose money as a result of a private image being shared, you should get legal advice.

How do​​ I get something removed from social media?

If you published the material yourself, explore whether you can delete it. For example, you may be able to delete a Facebook comment or post yourself.

If someone else published the material, consider:

• discussing your concerns with the person (if you know them or can contact them) and ask them to remove it. If there is an Apprehended Violence Order (AVO) or other order between you and that person, get legal advice before contacting them.
  
• contacting the website administrator to report your concerns - in some cases, website administrators can remove material that breaches their policies, such as material that is illegal, offensive, discriminatory, defamatory or that intimidates, harasses or threatens you.
  

If you want material removed that is defamatory, discriminatory or that makes you feel harassed or concerned about your safety you may have other options.

Remember, when material is removed (or deleted) it may mean others on the site won't see it. This does not mean that there is no record of the material ever being published, as usually there are still ways of accessing it. For example, the police may get access to material on Facebook as part of a criminal investigation.

Can other people use the material I publish on social media without my permission?

Once you publish material on social media, it usually becomes public. Who can access this material will depend on the policies of the site and any restrictions you have put in place, such as your privacy or security settings.

You should check your settings regularly to ensure they do what you want them to do, as sometimes the settings or features can change without you knowing, for example when you update an application on an electronic device.

If someone else uses material you created or own, it may be a breach of copyright, but it depends on the circumstances. You will need to speak to a lawyer about this if you want to take legal action. You could also raise your concerns with the person that used your material, or report it to the website administrator.

What is image-based abuse?

Image-based abuse is when an intimate image is shared, or threatened to be shared, without the permission of the person in that image. Image-based abuse is also known as revenge-porn.

It is an offence to share, or threaten to share, an intimate image or video of someone without their permission. There may be serious civil and criminal penalties as well as consequences for family law matters.

For more information, see Image-based abuse on the eSafety Commissioner website.

What is an intimate image?

An intimate image is a photo (including a photoshopped photo), video, or drawn picture showing:

• a person's genital area or anal area (whether bare or covered by underwear)
• a person's breasts (if the person identifies as female or transgender or intersex)
• private activity, for example, if the person is undressing, using the bathroom, showering, bathing or engaged in sexual activity
  
• a person without attire of religious or cultural significance if they would normally wear such attire in public.
  

An intimate image of a child under 16 is known as child abuse material. It is illegal to possess, make or share child abuse material.

An intimate image of me is being shared. What can I do?

It is against the law for someone to share an intimate image of you against your wishes.

There are a number of things you can do: 

• report an image to the website or social media service it is posted on
  
• report an image to the eSafety Commissioner 
  
• contact the person who has your image
  
• contact the police
  
• get some support.
  

On some popular websites and social media services, you may be able to report the content and ask for an image or video to be taken down from the site. If your image is on a site that does not have a way to report image-based abuse, you can try using the contact us link, if there is one.

Some sites promote image-based abuse. You should be careful about contacting these sites. They are also known as revenge porn sites.

If you have tried reporting the content without success, or you are not confident approaching the site yourself, you can make a report to the eSafety Commissioner.

You can also try to contact the person who has shared your image and ask them to remove or delete it.

If you are at risk of immediate harm you should contact Triple Zero (000). For non-emergencies you can call the Police Assistance Line on 13 14 44 or contact your local police station. 

In limited cases, you may be able to sue someone for sharing an intimate image of you against your wishes. If you have lost money or believe you will lose money as a result of an intimate image being shared, you should get legal advice.

For more information, see Image-based abuse on the eSafety Commissioner website.

I think my child might be sharing intimate images of themself. What can I do?

If you think your child is sharing intimate images, it is important that you speak to them as this can have very serious social and legal consequences.

Once an image has been shared, it can be difficult to control what happens with that image. It can be shared, copied, and saved by people the sender does not know and posted on social media and public websites. 

There are a number of things you can do:

• make sure your child doesn’t share the images with anyone else
• help your child ask the person who received the images to delete them
• if the images have been shared to other children at school, notify your child’s school 
• report the material to the social media or public website 
• make a report to the eSafety Commissioner
• contact the police. 

The person who received the image may be committing an offence. 

It is against the law to ask for, access, possess, create or share intimate images of children and young people under 18, even if the child or young person consented to the image being taken and the person who has the image is a child or young person.

If an image of your child has been shared online, do not take a screenshot. You should get urgent legal advice about what evidence you are allowed to collect to give to the police or eSafety Commissioner.

If you believe that the person requesting the images is an adult, you should contact the police.

For more information, see:

• Sending nudes and sexting on the eSafety Commissioner website
  
• Sexting on the Youth Law Australia website.
  

My child has been sent some intimate images. What do I need to do?

If your child has received intimate images, it is important that you speak to them as this can have very serious legal consequences.

If the person depicted in the images is under 18, your child may be committing an offence. It is illegal to ask for, access, possess, create or share intimate images of children and young people under 18, even if the child or young person consented to the image being taken and the person who has the image is a child or young person.

If your child is sharing these images with someone else, they may be committing a different offence. It is against the law to share an intimate, nude or sexual image of someone against their wishes. It is also a crime to threaten to share intimate images of someone. Even if the person in the image agreed to it being taken, it is still a crime to share the image against their wishes.

There are a number of things you can do:

• ask your child to delete the images immediately
• help your child ask the sender not to send them any more images
• ask your child to block the sender on their device, messaging apps and social media
• speak to your child’s school
• contact the police.
  

If the person sending your child intimate images is an adult, you should contact the police immediately. 

If someone is persistently sharing unwanted intimate images with your child, you should contact the police or get legal advice.   

For more information, see:

• Sexting on the Youth Law Australia website
• Sending nudes and sexting on the eSafety Commissioner website
• Sexting on the Kids Helpline website.

How do I get something removed from social media?

If you published the material yourself, you may be able to delete it yourself. For example, you may be able to delete a Facebook comment or post yourself.

If someone else published the material, you can:

• discuss your concerns with the person (if you know them and feel comfortable talking to them) and ask them to remove it. If there is an Apprehended Violence Order (AVO) or other order between you and that person, get legal advice before having any contact with them.
• contact the website administrator to report your concerns. In some cases, website administrators can remove material that breaches their policies, such as material that is illegal, offensive, discriminatory, defamatory or that intimidates, harasses or threatens you.
• contact the eSafety Commissioner to make a report about image-based abuse or cyber-bullying. The eSafety Commissioner has the power to order the person that shared the material, a social media service, website or content host, to remove a private image.

If you want material removed that is defamatory, discriminatory, makes you feel harassed or concerned about your safety, you may have other options.

Remember, when material is removed (or deleted) it may mean others on the site won't see it. This does not mean that there is no record of the material ever being published, as usually there are still ways of accessing it. For example, the police may get access to material on Facebook as part of a criminal investigation.

Who can make a report to the eSafety Commissioner about image-based abuse?

If someone has shared an intimate image of you (or someone in your care) without your permission, you can make a complaint or give an objection notice to the eSafety Commissioner.

You can report image-based abuse to the eSafety Commissioner if you are:

• the person in the intimate image or video
• authorised by the person in the intimate image or video to make a report on their behalf
• a parent or guardian on behalf of a child who is under 16
• a parent or guardian on behalf of a person who does not have mental capacity.
  

You can make a complaint even if you can’t be identified in the image or video.

You can still give an objection notice if you had previously consented to the posting of the intimate image or video but now want it removed.

If you are making a complaint on behalf of someone else, you will need to provide a declaration from that person confirming you are authorised to make the complaint.

The eSafety Commissioner can deal with the complaint or objection notice if:

• you live in Australia
• the person who posted the intimate image lives in Australia
• the image or video is hosted on an Australian website.

For more information, see Image-Based Abuse Scheme Regulatory Guide on the eSafety Commissioner website.

How can I make a report to the eSafety Commissioner?

To make a report, you need to fill out the online form on the eSafety Commissioner website.

If you are unable to make a report online, you can ask the eSafety Commissioner for an Image-based abuse complaint form to fill in.

If need help to make a report, you should contact the eSafety Commissioner.

You don’t need to report the image or video to the online service provider before you make a complaint to the eSafety Commissioner.

For more information, including a copy of the complaint form, see Report image-based abuse on the eSafety Commissioner website.

What information do I need to make a report?

If you want to make a report about an image that depicts an adult, you should collect as much evidence as you can to show eSafety what has happened, including:

• a screenshot of the image or video
• the webpage addresses (URLs) or social media service that the image is being shared on
• the account or profile information, or name, of the person sharing the image
• the date and time the image was shared
• the date and time you collected the evidence.

You should collect your evidence before you make a report, in case the content is removed, or the image is moved to a new webpage.

You should also provide the details of any reports you have made to the police, including the event number, the name of the station where you made your report and the officer you spoke to, and whether any court orders have been made, including domestic violence orders or parenting orders. 

If you want to make a report about an image depicting a child, you should get urgent legal advice before you collect any evidence. Do not take a screenshot of any images or videos until you have received legal advice.

It is against the law to ask for, access, possess, create or share intimate images of children and young people under 18, even if the child or young person consented to the image being taken.

For more information, see How to collect evidence on the eSafety Commissioner website.

What is the difference between a complaint and an objection notice?

A person (or someone on their behalf) can make a complaint to the eSafety Commissioner if an intimate image or video was shared, or threatened to be shared, without their consent.

An objection notice should be lodged with the eSafety Commissioner where a person in an intimate image or video initially consented to it being shared, but then changed their mind.

How will the eSafety Commissioner handle my complaint or objection notice?

If a person lodges a complaint or objection notice, the eSafety Commissioner will usually approach an online service provide to ask them to remove intimate images or notify them of accounts that are being used to threaten or post intimate images, before it takes formal action.

If the eSafety Commissioner’s requests are ignored, or informal action is not appropriate in the circumstances, the eSafety Commissioner can also take formal action, including:

• directing a person not to share an intimate image, if they have not done so, and the person depicted in the image at no time consented to the image being shared 
• directing a person to delete an intimate image from their device
• issuing a removal notice to a person or service provider requiring them to remove the intimate image or video which has been shared online
• issuing a formal warning to a person who has shared, or threatened to share, an intimate image. 

If a removal notice is issued, the intimate image or video must be removed within 48 hours or within a reasonable time frame.

If you had previously consented to someone sharing an intimate image and later withdrew your consent, you can still lodge an objection notice with the eSafety Commissioner.

If the eSafety Commissioner decides to refuse to give a removal notice, they will notify you in writing.

Failure to comply with a removal notice or remedial direction may result in enforcement action being taken.

For more information, see Image-Based Abuse Scheme Regulatory Guide on the eSafety Commissioner website.

What can the eSafety Commissioner do if someone has not complied with a removal notice or remedial direction?

If a person or service provider does not comply with a removal notice or remedial direction, the eSafety Commissioner may issue a formal warning.

In some circumstances, the eSafety Commissioner can take enforcement action, including:

• issuing an infringement notice (a financial penalty)
• seeking a civil penalty order (a financial penalty)
• obtaining an undertaking that the person or online service provider will comply with the Image-based Abuse Scheme requirements – this can be enforced by a court
• obtaining an injunction to compel the person or online service provider to take certain actions, or to refrain from taking certain actions.

For more information, see Image-Based Abuse Scheme Regulatory Guide on the eSafety Commissioner website.

What if someon​​e publishe​s something about me that is defamatory?

Defamation is when something is published about you that affects your reputation, such as comments that may lower other people's opinion of you. To take legal action for defamation you also need to show that the material was communicated from one person to another (such as posting a comment on social media) and that the person had no defence (legal reason) for doing it. 

If defamatory material about you is published on social media, you could:

• discuss your concerns with the person that published the material (unless there is an Apprehended Violence Order (AVO) or order that restricts you from doing this). You could call them, write or email them to outline your concerns and request that the material be removed. You should keep details of any conversation you have, or copies of any letters or emails.
  
• report it to the website administrator (in some cases they may decide to delete the material for you)
  
• get advice from a lawyer about taking legal action for defamation.
  

Who is responsible for defamatory content on a social media group or forum? 

Social media platforms, review websites, and forum administrators who allow third-party comments are known as digital intermediaries. 

If someone posts defamatory material about you through a digital intermediary, you can make a complaint directly with the service to have the content removed.

If you’re an administrator of a digital intermediary and a member of your group or forum posts defamatory content, you may be subject to a complaint. Whether you are held responsible or have defence against defamation depends on several factors. You may have a defence if you did not take an active role in publishing, editing or promoting the content. Other factors to consider include whether the platform had an accessible complaints system for its users, and whether you took reasonable steps to remove the defamatory content before or within seven days after receiving a complaint.

If you have concerns about defamation or have received a complaint, you should get legal advice.

What if mate​rial on social media dis​​criminates against me?

Discrimination is when you feel you are treated unfairly because of a certain characteristic, such as your gender, race or sexualit​​​y. It is against the law to discriminate on these grounds in certain circumstances, such as in the workplace or when using goods and services. 

For more information, see:

• the Discrimination topic
  
• Discrimination on the Anti-Discrimination NSW website.

If you believe something on social media discriminates against you, you could:

• contact the person that published the material and the website administrator to report your concerns. Keep any copies of letters or emails you send, or any notes of conversations you have, such as the date, time and person you spoke to.
  
• contact the Anti-Discrimination NSW or the Australian Human Rights Commission to discuss the issue and explore whether you have grounds to make a complaint
  
• get legal advice about your situation. ​
  

Can posting on so​cial media be a criminal offence?

Publishing material such as posts, photos or videos on social media can be a criminal offence if:

• it harms someone else's reputation (defames them)
  
• someone feels threatened, harassed, stalked or at risk of harm. This can include cyberbullying.
  
• the material is of a sexual nature and involving children (anyone under 18). This includes sexting. Material like this can be considered child pornography. It is an offence to have this type of material on your phone or computer even if you didn't take the photo or video yourself, or the person under 18 agreed to the material being published.
  
• the material is of a sexual nature and it is published on social media without that person's consent
  
• the material is of a sexual nature, it depicts a person that appears to be over 18 and there is a reasonable expectation to keep the material private
  
• the material promotes, incites or instructs people to commit crime or violence
  
• the material advocates for terrorist acts
  
• it includes footage of real violence, cruelty and criminal activity
  
• you used someone else's account to obtain the material without getting their permission.
  

For more information, see Illegal and restricted online content on the eSafety Commissioner website.

What if someone accesses m​y social media account without my permissio​n?

If someone accesses your social media account without your permission, you could:

• change your password – choose a new, strong password or pass phrase that you haven’t used before and is hard to guess
• set your social media settings to ‘private and check your settings regularly – updates to software and platforms may change your settings
• review the security settings and set up multi-factor authentication
• report the matter to the website administrator. Usually, if a person accesses or uses your account without your permission it will be a breach of the site's policies and may result in consequences for that person, such as being suspended or terminated from the site.
  

In some cases, it can be a criminal offence for a person to access or use your social media account without your permission. You could speak to the police about your situation or get legal advice. ​

For more information, see How to protect your personally identifiable information on the eSafety Commissioner website.

What if mate​​rial is published on social media that shows me involved in a crimin​​​​al offence?

Material on social media can be used in investigations by police for criminal matters, and as evidence in court proceedings (even if the material is deleted by a person or the website administrator). There have been cases where people have recorded assaults, and where police have made appeals to find offenders using video footage taken from witnesses. 

If you have been involved in a criminal offence, you should get legal advice.

What can I do if I am bein​g ha​rassed or threatened on social media?​

Harassment, threats or bullying on social media are sometimes referred to as cyberbullying. It can include:

• repeated insults or derogatory comments
  
• threats to harm you or people you know
  
• comments that make you feel hurt, scared or intimidated.
  

If you are experiencing this type of behaviour you could:

• keep a record of the behaviour so that you have details or evidence if you want to report the matter to the police, or take other legal action - don't rely on posts or comments always being accessible on the site as the person that makes them, or the administrator can remove them in some circumstances
  
• discuss your concerns with the person directly (only if you feel safe and comfortable to do so, and there is no Apprehended Violence Order (AVO) or order that stops you from doing this)
  
• report the matter to the website administrator - they can take action to delete material or suspend individuals if they are breaching the websites policies
  
• discuss the matter with your employer if the person bullying you is a colleague at work - you could look at your workplace policies for other options available to you to deal with the issue at work
  
• block the phone number or account of the person harassing you - you may also consider changing your phone number, email address or social media account
  
• report the abuse to the eSafety Commissioner
  
• report the matter to the police
  
• get legal advice - a lawyer can help you work out any other options that might be helpful in your situation, such as applying for an AVO if you have fears for your safety, or feel harassed, threatened or intimidated.
  

If you are under 18 and are experiencing cyberbullying, consider speaking to a trusted friend, adult or teacher about the situation.

For more information, see Cyberbullying on the eSafety Commissioner website.

Is it illegal to bully someone on social media?

Cyberbullying can be illegal in serious cases where:

• the victim is being stalked or intimidated to make them feel frightened
  
• the victim is being blackmailed
  
• it involves threats to kill or seriously harm the victim, or destroy or damage their property
• it involves sending or posting, or threats to send or post, intimate images of the victim without their consent
  
• the victim is being encouraged to commit suicide
• it is menacing, harassing or offensive and it has a serious effect on the victim. 
  

Cyberbullying may also breach other laws, including anti-discrimination laws. 

It may be defamation if it involves online posts or messages that damage the victim’s reputation.

For more information, see Cyberbullying on the Youth Law Australia website. 

How can I find out if my child is being bullied on social media?

Your child may not tell you if they are being bullied online because they might fear it will make things worse for them, or they will lose their devices or social media accounts. 

There are signs to watch out for that might show your child is being bullied online, including:

• being upset after using the internet, mobile phone, or other device
• becoming secretive about their online activities 
• avoiding school, after school activities or social events
• a decline in their schoolwork
• changes in their personality, such as becoming withdrawn, anxious, sad, or angry. 

If you think your child is being bullied online, you should speak with your child. It is important to let your child know that you won’t get angry or upset with them and they won’t be punished.

You could also speak to their teacher or school principal.

If they will allow you, you should ask your child to show you the abusive posts, messages or other bullying material so that you can take screenshots and collect evidence, including dates, times and persons involved. You may need this evidence if you are going to report the bullying. 

If the bullying material involves sexualised images, possessing a screenshot of this material may be an offence. Instead of taking a screenshot, you should get legal advice.

What can I do if my child is being bullied on social media?

If your child is being bullied on social media, you can:

• help your child to block or unfriend the people responsible
• help your child change their privacy settings to restrict who can see their posts and profile page
• report abusive content to the social media platform where the bullying is occurring
• speak with your child’s school 
• arrange for your child to speak to a counsellor or GP
• speak to the police, if their immediate safety is at risk
• make a report to the eSafety Commissioner
• get legal advice. 

For more information, see:

• Cyberbullying on the Kids Helpline website, and 
• Cyberbullying on the eSafety Commissioner website. 

If you believe your child is being bullied at school, you should get a copy of the schools anti-bullying policy. This will set out the steps the school must take to address bullying at school.

For more information, see the Schooling topic.

Who can make a complaint to the eSafety Commissioner about cyberbullying?

A complaint about cyberbullying can be made by:

• the victim
  
• an authorised representative of the victim
• a parent or guardian if the victim is a child.

Can I make a complaint to the eSafety Commissioner about adult cyber abuse?

The eSafety Commissioner can deal with complaints about adult cyberbullying where:

• the victim is a person who is 18 years or older
• the victim ordinarily lives in Australia
• the abusive content has been sent to, or targets, the victim
• it has been sent on a social media service, a designated internet service, such as a website, or a relevant electronic service, such as an email service, instant messaging service or an online game platform
• it is menacing, harassing or offensive, and
• it is intended to cause the victim serious harm.

The eSafety Commissioner cannot deal with complaints where:

• the victim lives outside of Australia
• the abusive content targets a broad range or group of people
• it is not intended to cause serious harm.

Before you can make a complaint to the eSafety Commissioner, you must make a complaint to the service provider. You will need to include evidence of your complaint to the eSafety Commissioner.

For more information, see How to report adult cyber abuse on the eSafety Commissioner website.

When is adult cyber abuse meant to cause serious harm?

Serious harm includes serious physical harm or serious harm to the victim’s mental health. This includes serious psychological harm and serious distress that goes beyond ordinary emotional reactions such as grief, fear or anger. The intended harm can be temporary or permanent.

It does not include financial harm or defamation material that only causes reputational harm.

The eSafety Commissioner will consider each matter on a case-by-case to determine whether adult cyber abuse was meant to cause serious harm.

For more information, see Adult Cyber Abuse Scheme Regulatory Guidance on the eSafety Commissioner website.

What information do I need to include in my complaint?

You should include as much information as you can that will help the eSafety Commissioner to find the abusive material and identify the person(s) responsible. 

If possible, you should provide:

• the username of the perpetrator
• the date and time the abusive material was shared
• screenshots of the abusive material, including the date and time you took the screen shot
• the webpage addresses (URLs) or social media service where the abusive material has been shared
• instructions for finding the abusive material, if necessary
• details about how long and often the perpetrator has been sharing the abusive material
• details about your relationship with the perpetrator
• details about what steps you have already taken to address the bullying, such as contacting the police.

If you are making a complaint about adult cyberbullying, you need to include evidence of your complaint to the service provider. This might include a receipt or complaint number, copies of any correspondence or an acknowledgement that the provider has received your complaint, or a statutory declaration.

You may also need this information if you want to make a complaint to the police.

For more information, see How to collect evidence on the eSafety Commissioner website.

What can the eSafety Commissioner do about cyberbullying?

The eSafety Commissioner will usually approach an online service provider to ask them to remove cyberbullying material or notify them of accounts that are being used for cyberbullying, before it takes formal action.

If the eSafety Commissioner’s requests are ignored, or informal action is not appropriate in the circumstances, the eSafety Commissioner can also give a removal notice to a person or service provider requiring them to remove the abusive content within 24 hours, or another period of time specified by the Commissioner.

If the victim is a child, the eSafety Commissioner can give an end-user notice to the perpetrator that:

• requires them to remove the abusive material and apologise to the victim, and
• prohibits them from posting any further abusive content.

What can the eSafety Commissioner do if someone has not complied with a removal notice for cyberbullying?

If a person or service refuses or fails to comply with a removal notice, the eSafety Commissioner can give the person or service a formal warning that they are breaching the law and may be given a civil penalty (financial penalty).

The eSafety Commissioner can also take enforcement action against the person or service, including:

• issuing an infringement notice (a financial penalty)
• seeking a civil penalty order
• obtaining an enforceable undertaking that the person or online service provider will comply with the rules for basic online safety 
• obtaining an injunction to compel the person or online service provider to take certain actions, or to refrain from taking certain actions.

The eSafety Commissioner can also publish a notice on its website identifying a service provider that has failed to comply with the basic online safety expectations for the service.

For more information, see:

• Adult Cyber Abuse Scheme Regulatory Guidance on the eSafety Commissioner website
  
• Cyberbullying Scheme Regulatory Guidance on the eSafety Commissioner website.
  

What can the eSafety Commissioner do if someone has not complied with an end-user notice?

If a person refuses or fails to comply with an end-user notice, the eSafety Commissioner can give the person a formal warning.

The eSafety Commissioner can also take enforcement action against the person by obtaining an injunction in the Federal Court of Australia or Federal Circuit and Family Court of Australia to compel the person or online service provider to take certain actions, or to refrain from taking certain actions.

For more information, see Cyberbullying Scheme Regulatory Guidance on the eSafety Commissioner website.

Can I appeal a decision made by the eSafety Commissioner?

If you are unhappy with a decision made by the eSafety Commissioner, you may be able to apply for an internal review.

You can ask for an internal review about a decision relating to:

• cyberbullying
• adult cyber abuse
• image-based abuse
• illegal and restricted online content.

You must complete a Request for internal review form.

You can submit your completed form by email or post.

You don’t have to pay a fee to request a review.

Applying for an internal review does not stay (stop) the operation of the original decision. The eSafety Commissioner can still take action to implement the original decision.

For more information, see Internal review of decisions on the eSafety Commissioner website.

What can I do if I am unhappy with the outcome of an internal review?

If you are unhappy with outcome of the internal review, you may be able to apply for a review by the Administrative Review Tribunal (ART) within 28 days of being notified of the outcome.

You can apply to the ART to review the decision without asking for an internal review, however, the eSafety Commissioner will usually ask for an opportunity to review the decision at the first pre-hearing conference.

For more information, see Other decisions on the ART website.

You may also be able to complain to the Commonwealth Ombudsman.

For more information, see Complaints on the Commonwealth Ombudsman website.

​Can I apply for​​ an Apprehended Violence Order ​if I don't h​ave the person's details?

Applying for an Apprehended Violence Order will be difficult if you don't have the other person's details, such as their name or address. This can often be the case if you are online as people tend to use usernames or handles.

If you don't have these details, you can speak to the police about the situation or get legal advice about your options.

If you have concerns about your safety, you should speak to the police and/or get legal advice.

Can I publish ​legal documents from​ my case on social media?

If you are involved in court proceedings, you should not publish any information or documents relating to your case on social media. 

In some circumstances, the law automatically prohibits you from publishing information about your case. For example, the Family Law Act 1975 (Cth) prohibits people from publishing information related to their family law proceedings, this includes on social media.

Courts can also make non-publication and suppression orders to prohibit information being published about a case.

If you breach the law or a court order, you may be committing a criminal offence. This could have serious penalties, including a gaol sentence.

It could also affect the outcome of your case.

What can I d​o if a legal d​ocument relating to my case is put on a social media site?

You should get legal advice about your situation.

Can materia​l ​from a socia​l media site be used as evidence in court proceedings?

Comments, posts, photos, videos and other material may be able to be used as evidence in court proceedings, but it depends on the circumstances.

You should get legal advice about your case. A lawyer can advise you whether the material can be used as evidence, and the best way to use it in your case. A lawyer can also help you with how to deal with this type of evidence if the other party is using it.