Online harassment could soon bring a five-year prison sentence in New South Wales, after the state government proposed amendments to existing laws.
Speaking on Sunday alongside Premier Gladys Berejiklian, NSW Attorney General Mark Speakman announced the proposed changes would alter the definitions of ‘stalking’ and ‘intimidation’ under the Crimes (Domestic and Personal Violence) Act.
“Modern technology requires modern laws,” he said. “We have stalking and intimidation criminal offences in NSW, but what is unclear is whether those offences extend to online abuse, SMS messages and so on.
“Today the Premier and I are announcing the NSW government will be reforming that law to make it absolutely clear that online stalking and intimidation are no-gos in NSW.
"This is not about protecting people's injured feelings. This is about protecting people against potentially devastating psychological and tragic consequences."
The proposed reforms will mean that individuals who stalk, intimidate or harass others through the use of digital technologies could face a up to five years imprisonment.
The maximum punishment has previously been three years imprisonment.
Berejiklian said she hopes the harsher penalties will act as a deterrence.
“Not only will this mean that police and other agencies will be able to clamp down on this activity, but also hopefully it will deter such behaviour,” she said.
ACT |
NSW |
NT |
QLD |
SA |
TAS |
VIC |
WA |
|
Menacing, harassing or offensive use of the internet or mobile |
3 yrs prison |
5 yrs prison |
3 yrs prison |
3 yrs prison |
3 yrs prison |
3 yrs prison |
3 yrs prison |
3 yrs prison |
Threats |
10 yrs prison |
10 yrs prison |
10 yrs prison |
10 yrs prison |
10 yrs prison |
21 yrs prison |
10 yrs prison |
140 yrs prison |
Stalking |
2 yrs prison |
5 yrs prison |
2 yrs prison |
5 yrs prison |
3 yrs prison |
21 yrs prison |
10 yrs prison |
3 yrs prison |
Unauthorised access |
2 yrs prison |
2 yrs prison |
10 yrs prison |
2 yrs prison |
2 yrs prison |
21 yrs prison |
2 yrs prison |
52 yrs prison |
Defamation |
3 yrs prison |
3 yrs prison |
3 yrs prison |
3 yrs prison |
3 yrs prison |
N/A |
10 yrs prison |
3 yrs prison |
Encouraging suicide |
10 yrs prison |
5 yrs prison |
Imprisonment for life |
Imprisonment for life |
14 yrs prison |
21 yrs prison |
5 yrs prison |
Imprisonment for life |
Causing emotional harm |
N/A |
N/A |
5 yrs prison |
N/A |
N/A |
N/A |
N/A |
N/A |
NSW Police Commissioner Mick Fuller said the changes would encourage victims of online harassment to come forward.
“Hopefully that's motivation…that the victims will save as much evidence as they can on their computers and phones and they can feel confident coming into police stations now knowing there is legislation to support them, the police force is there to support them.”
The state government’s latest amendments strengthen pre-existing laws.
Federally, under the Commonwealth Criminal Code Act 1995 it is an offence to menace, harass or cause offence using a ‘carriage service’, which carries a maximum three-year prison sentence.
Laws on the matter also vary in each state and territory.
Legal information website Lawstuff highlights that each state or territory government enforces different punishments for varying crimes relating to online harassment and cyber bullying (see table above).
