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THE LEGAL RAMIFICATIONS OF CYBERBULLYING


What can you do if your child is a victim of cyberbullying in Queensland?

Online bullying and cyber threats have grown in severity in recent years, as younger children become more exposed to realms of digital communication. Understandably, cyberbullying and digital harassment can have devastating effects – giving a rise to concerned parents seeking insight and affected parents taking legal action.


Cyberbullying and Criminal Offences in Queensland

Did you know that in serious cases, Cyberbullying can amount to a criminal offence in Queensland?


It is considered a crime if the internet or mobile phone is used to:

• menace, harass or seriously offend; • stalk; and/or • make threats;

against another individual.


Taking Legal Action Against Cyberbullying

The law governing the above acts that are considered unlawful is under section 474.17 of the Criminal Code 1995 (Cth)


474.17 Using a carriage service to menace, harass or cause offence

(1) A person commits an offence if:

(a) the person uses a carriage service; and

(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.


In the above:

• Reference to ‘carriage service’ could mean the use of communication; i.e. internet or mobile phone (in the case of cyberbullying).

• A reasonable person – someone other than the complainant who would (from an unbiased standpoint) view the communication as menacing, harassing or offensive.

If found guilty of the above offence, the maximum penalty is Imprisonment for 3 years.


The Next Step

These issues can be complex. Legal action should be the final step in cyberbullying cases if issues persist or continue to increase in severity.


Should you need legal advice, it is crucial to make sure you’re dealing with the correct law firm.


At Creevey Russell Lawyers, we have an ongoing commitment to deliver service excellence to our clients. Our capacity to provide professional and supportive legal advice and services are what makes us unique and what drives our growth and development as a firm.


Contact Creevey Russell Lawyers today. Expert criminal lawyers from a firm built on trust, integrity and drive.


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