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ARTICLE · 31 JANUARY 2023

Cyberbullying – What is the crime?

In some cases, cyberbullying is a crime under national or Victorian law. Articles outlines some key criminal offences below.

AustraliaCriminal Law

If you are an internet user, then you will have likely come across cyberbullying in one way or another. Cyberbullying typically manifests in harassing behaviour, such as sending a person offensive or threatening messages, posting embarrassing comments or photos about someone, spreading rumours or misinformation about someone online, sending or posting nude or sexual images without the person's consent, or pretending to be someone online with the intention of humiliating them.

In some cases, cyberbullying is a crime under national or Victorian law. We outline some key criminal offences below.

Using a Carriage Service to Menace, Harass or Cause Offence

It is a crime to use a device or the internet in a 'menacing, harassing or offensive way'.1 The test for determining what is menacing, harassing or offensive is whether a 'reasonable person' would consider it so. In a recent case, an accused had been drinking with friends. He prank-called his mother-in-law multiple

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