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Online Harassment and Image Abuse

  • Services>
  • ANUSA Legal Service>
  • Online Harassment and Image Abuse

Online abuse or harassment can be extremely distressing but the law is now catching up and there may be action you can take to address the problem.

Posting a private image of you online without your consent, or threatening to do so can be a crime, or constitute a civil wrong. Stalking or harassment can also amount to a crime. If the person posting the material is a student at ANU it could also be student misconduct.

The Online Safety Act 2021 commenced on 23 January 2022 and you are now protected under this legislation. It regulates online service providers and presents a clear set of expectations that makes them accountable for the safety of people who use their services. The Online Safety Act creates a world-first Adult Cyber Abuse Scheme for Australians 18 years and older, updates the Image-Based Abuse Scheme that allows eSafety to seek the removal of intimate images or videos shared online without the consent of the person shown and much more improvements.

Asking for an appointment or sending us a question about our services is easy.

·  Use the “Make an Enquiry” button below
·  Email us at sa.admin@anu.edu.au, or
·  Phone us on 6125 2444.

Make an enquiry >

Criminal penalties

In the ACT, is a crime to take intimate images that invade your privacy and distribute them without your consent. It is also a crime to threaten to take or distribute intimate images. If someone distributes or threatens to distribute private sexual material via the internet or other technological devices they are also committing a crime under federal law. Someone who engages in these behaviours can face imprisonment.

Online harassment and stalking carry similar criminal penalties. Online stalking is a crime in the ACT and under federal law it is a crime to use internet or telephone services to menace, harass or cause offence to someone.

If you want to pursue criminal charges, you can contact the police for assistance (131 444). We can help you contact the police if you would find this of assistance.
 

Other options (including civil penalties) and getting help with removing images

 

The eSafety commissioner can help if you are experiencing image abuse. The eSafety Commissioner can impose civil penalties like fines and formal warnings on a perpetrator of image abuse. You can make a complaint or file an objection notice through the eSafety Commissioner website. You can do this even if you don’t know who has posted the image. The eSafety Commissioner can then issue notices to online platforms and service providers to remove the images. For more information visit their website.
 

The Office of the eSafety Commissioner website provides support and resources on image-based abuse including: 

  • How to report an image to a social media service or website to request that your image be removed 

  • Information on collecting evidence of the abuse for the police 

  • How to find and delete images from online 
     

You can also report image-based abuse to the Office of the eSafety Commissioner. They can provide assistance and support in relation to: 

  • Getting the image removed from social media or an app 

  • Getting the image removed from a website 

  • Helping in situations where an intimate image has been shared by email or text without your permission 

  • Guidance on how to communicate with someone who may have an intimate image of you to request they remove it. 
     

If you are a victim of image abuse, online stalking or online harassment you can apply for an Apprehended Violence Order (AVO). This is not a criminal charge, but rather an order for future protection. An AVO sets out restrictions on the other person’s behaviour, so that you can feel safe. We can help students through the AVO process.

If someone publishes information or images of you online, the action may also amount to defamation (a harm to your reputation). Defamation law protects reputation and applies to online communications. The law allows a person harmed by defamation to seek compensation for the injury to their reputation.
 

Asking for Legal Help


If you would like specific legal advice about your situation you are welcome to book in for a legal appointment with the ANUSA Legal Service.

 

All legal appointments are free and confidential.
 

Making a Student Complaint to the ANU

If the perpetrator is another ANU Student, you can make a complaint under the ANU Discipline Rule to deal with the matter internally. You can contact the ANU Dean of Students to help you through the process of making a complaint.

Our student assistance officers are also available to help you navigate through the ANU Discipline Rule.

NOTICE: This is legal information and is for general informational purposes only. It does not constitute legal advice and should not be relied upon as such. These materials have been prepared for ANU Students by the ANUSA Legal Service. If you would like legal advice please book in for an appointment with the ANUSA Legal Service.
 

[The legal information on this page was last reviewed on: 14 February 2022]

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We acknowledge the Ngunnawal and Ngambri people as the Traditional Custodians of the land on which ANUSA operates.
We recognise the continuing connection to lands, waters, and communities of all Aboriginal and Torres Strait Islander people.
We pay our respect to Elders, past and present, and commit to standing with our first nations people.

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