Online harassment can be devastating for women, particularly because women are more likely than men to be violently sexually harassed online. In the moment, it can be difficult to remember that there are options available and places women can go to report harassment. This step-by-step guide outlines some of the legal steps you can take when you are being or have been harassed online.
We were funded by the Victorian Women’s Trust grants program to develop a legal resource for women to access when they have been harassed and wish to pursue their legal options. We have worked with partners at the Women’s Legal Service and law firms Maurice Blackburn and Doogue and George to develop this resource.
Disclaimer
The material on the website is provided for general information and educative purposes in summary form on legal topics which is current when it is first published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Appropriate legal advice should be obtained in actual situations.
Support is available: 1800 RESPECT – 1800 737 732, 24hrs a day, 7 days a week, to talk or chat online to a counsellor from the National Sexual Assault and Domestic Violence hotline. beyondblue – 1300 22 46 36, 24hrs a day, 7 days a week, to talk to someone about anxiety and depression. Drummond St Services – (03) 9663 6733, to speak to someone in the community about family support services. Lifeline – 13 11 44, 24hrs a day, 7 days a week, to speak to someone during a crisis for support and suicide prevention. SANE Australia – 1800 18 72 63, Monday to Friday, 9am-5pm, to speak to someone about mental health. Switchboard – 1800 184 527, 3pm-midnight, 7 days a week, to speak to an LGBTIQ+ peer for confidential support. If you are being harassed online you should record or take a notes about the incidents as they occur. These documents can be important evidence should you choose to report or seek advice on the conduct. Use the attached note template as a guide of the information that is useful when recording online harassment. The best time to document the event is immediately after it has occurred. You can record harassment by: The eSafety Commissioner has an online guide for how to capture screenshots and record evidence of harassment. There are three ways you can report harassment: to the social media platform, the eSafety Commissioner, and the police. If you are being harassed through an established social media platform, this may be in breach of the platform’s policies and code of conduct. Potential outcomes from reporting the harassment include: the offending material being removed from the website or platform and the harasser being suspended or banned from accessing or using the platform. You can report abuse to social media platforms and other networking sites. The eSafety Commissioner's eSafety Guide has links to most social media reporting mechanisms. The eSafety Commissioner has limited power when it comes to adult cyber abuse, but they can help with advice. In cases of extreme harassment they may be able to approach the social media organisation or website where the harassment has occurred. Find out more about reporting adult cyber abuse here. You may wish to report the harassment to the police. We acknowledge that the police may not always be a safe option for women. We suggest going with a friend or trusted person for assistance and support. Depending on the conduct, the police may charge the person who is harassing you with a criminal offence or help you make an application for a Personal Safety Intervention Order. Even if the person is not charged, you may also be entitled to compensation through the Victims of Crime Compensation Scheme. Police can provide you with more information about your eligibility for this scheme. Depending on the nature of the harassment, there may be other legal avenues available to you. These will require you to engage the services of a lawyer and may not be financially feasible. Generally speaking, there are two civil claims you might make in relation to online harassment: Cybersmart Women
Step one: look after yourself and your safety
Step two: take notes and document the event
Step three: report the harassment
What is a personal safety intervention order? A personal safety intervention order (PSIO) is an order made by a Magistrate. The Order imposes rules or conditions on how a person can behave towards another.
When do you take out a personal safety intervention order? When an individual (the respondent) has assaulted, harassed, threatened or stalked you or damaged your property.
Who can apply for a personal safety intervention order? You can apply for the Order yourself. Someone else, such as your family member or a police officer, can also apply for a PSIO on your behalf.
Who can I get a personal safety intervention order against? Any individual that has assaulted, harassed, threatened or stalked you or damaged your property.
What is the process of getting a personal safety intervention order? If you are in immediate danger or feel unsafe, the first step is to contact the police.
The application is made by filling out this form on the Magistrates’ Court website. After filing the application, you have an interview with the Registrar at the Court and will receive a hearing date. To ensure your safety before the hearing date, you can apply to receive an interim order in the meantime.
Final orders made under a PSIO can include restrictions on the locations that the respondent can attend and how, or if, the respondent may communicate with you. It can also prohibit a respondent from publishing anything online against you, or getting someone else to do those things.
Breaking the conditions of the PSIO can result in the respondent being charged with a criminal offence. Step four: consider other legal claims
What is sexual harassment? Sexual harassment is defined as a form of sex discrimination. It occurs where a person:
Sexual harassment can therefore take place over online forums such as Twitter, Facebook, WhatsApp and email, as well as in person.
Sexual harassment is prohibited at the workplace and this can extend to conduct that occurs out of work hours. Your workplace has obligations under workplace safety and discrimination laws to provide you with a safe working environment, including freedom from sexual harassment.
Unfortunately, the laws prohibiting sexual harassment are limited and do not cover all aspects of public life.
What are the regulating authorities? In Victoria, complaints regarding sexual harassment can be heard by:
Work Safe and WorkCover are also good sources of information to address sexual harassment that occurs in the workplace or as a result of employment.
What can I do if I am being sexually harassed?
What protections from sexual harassment do I have at work?
What can I do if I am being sexually harassed at work? If you are being harassed in your workplace the following options may be available:
What if the sexual harassment occurs in the course of my work, but it’s coming from a member of the public? If your employer has failed to take steps to protect you from online harassment arising outside the organisation, you may be able to bring a complaint to the AHRC, VEOHRC or WorkSafe.
What is defamation? Defamation is a civil claim that you have suffered loss or damage because another individual or organisation has made comments about you that damaged your reputation or made others think less of you.
What is the governing authority? Defamation claims are brought under the Defamation Act 2005 (Vic) and other federal legislation.
Who can bring a claim of defamation? The individual or organisation that suffered harm to their reputation because of the comments made.
Who can I bring a claim of defamation against? The person or organisation who made or published the comments.
What do I need to prove? The considerations for a defamation claim are:
How do I bring a claim of defamation? The first step is to write to send publisher or creator of the defamatory comment a “concerns notice”. The concerns notice identifies the publication, the imputations from the publication, how or why the imputations were defamatory and what loss has been suffered because of the publication. You will then need to state what remedies you would like to resolve your concerns. These could include an apology, the removal of the defamatory comment from publication and financial compensation for any loss suffered.
If the publisher or creator of the comment does not respond to your letter, you could commence a claim in Court. There can be costs implications in going to Court so you should seek legal advice before doing so.
What outcomes can I receive? If the matter proceeds to Court, remedies would include financial compensation for the damage suffered as a result of the defamatory comments, including any lost income or pain and suffering experienced.
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