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Legal responses to abuse via technology

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This information is general and not a substitute for legal advice. The Legal Services Commission provides free advice for most legal problems. Call the Legal Helpline on 1300 366 424 or visit www.lsc.sa.gov.au or www.lawhandbook.sa.gov.au.

 

Abuse, including domestic violence and coercive control, can occur by phone and via the internet. Online abuse can include threats to upload or share intimate or sexual photos or videos to social media networks or internet sites without consent. This is image-based abuse.

This fact sheet explains some legal options to prevent abuse and protect yourself. You may only need one, or may wish to try a combination of different approaches. The key is to identify your needs and priorities and access the right support services as quickly as possible.

Call our Legal Helpline on 1300 366 424 during business hours for free legal advice or referral to one of our domestic violence services.

Apply for an intervention order

One option is to seek orders under the Intervention Orders (Prevention of Abuse) Act 2009 to ban the distribution of intimate images or videos. In addition to ‘no violence’ and ‘no contact’ type conditions, a court can make other orders that impose both restraints and obligations.

An intervention order may:

  • restrain the perpetrator from publishing on the internet, by email, text message or other electronic means, any offensive material about you
  • direct the perpetrator to permanently delete and destroy any indecent or invasive images or videos of you in their possession within 24 hours. 

The police can issue an intervention order or apply to the Magistrates Court for an order on your behalf. Alternatively, you can apply to the Magistrates Court for an order yourself. 

If you are a woman experiencing domestic violence in South Australia, the Women's Domestic Violence Court Assistance Service may be able to help you apply for an order. Visit wdvcas.lsc.sa.gov.au or call 1800 246 642 for more information.

Criminal charges

Generally the police will not consider charging someone with a criminal offence unless you attend a police station to make a formal complaint

If you are experiencing domestic violence, ask that your complaint be taken by a member of the SAPOL Family Violence Investigation Section.

You should give a written statement and ask for a report number so your complaint is properly recorded and you can refer back to it later if necessary. 

You should save or print texts, voicemails, screenshots and other forms of electronic evidence to show to the police. Be ready to provide the contact details of the perpetrator to the police as well.

Depending on the nature of the abuse, the police may consider charging a perpetrator with any of the following criminal offences.

Unlawful threats

It is an offence to threaten to kill or harm a person. The perpetrator must intend to create a fear that the threat will be carried out (or be recklessly indifferent as to whether such a fear will be created).

Unlawful threats can include threats made over the phone, by text message or via the internet.

Stalking and harassment

It is an offence to stalk and harass a person. This can include a broad range of conduct involving technology if it could reasonably be expected to cause the other person fear, such as:

  • sending or publishing offensive material
  • accessing or monitoring someone's call history, internet use or social media activity
  • publishing material pretending to be someone else.

In some cases the police may informally caution a person even if there is not enough evidence to charge them. 

Distributing invasive images and deepfakes

It is an offence to distribute an invasive image of someone knowing or having reason to believe they do not consent. It is also an offence to threaten to distribute an invasive image. 

An invasive image is a moving or still image of a person who is engaged in a private act (for example, a sexual act) or in a state of undress (showing their breasts or bare genital or anal region). It can include an image that has been digitally altered.

It is also an offence to create or distribute a humiliatingdegrading or invasive depiction of a real person that has been created using digital technology or artificial intelligence (AI). This is sometimes referred to as a deepfake.

Depending on the circumstances, police may also consider other offences such as humiliating or degrading filming, indecent filming, blackmail, or child exploitation material offences.

Doxxing

It is an offence to publish or release, by phone or internet, someone's personal data (name, address, contact details or photo) in a manner that is menacing or harassing. This is commonly known as doxxing.

Call SA Police on 131 444 for non-urgent assistance.

Office of the eSafety Commissioner

Aside from pursuing criminal charges, an adult or child who lives in Australia and is the victim of online or image-based abuse may make a report to, or seek support from, the Office of the eSafety Commissioner. 

The Commissioner administers 4 online protection schemes under the Online Safety Act 2021 (Cth). 

The Image-Based Abuse Scheme provides reporting options, resources and support to victims of image-based abuse in Australia. Image-based abuse can include an ex‑partner sharing intimate or sexual images or videos of you without your consent. If you complain, the Commissioner can require that they or the service provider remove image-based abuse material within 24 hours. The Commissioner can also issue fines where someone has posted or threatened to post an intimate image online without your consent, and where they fail to remove the material when requested.

There are also separate Child Cyberbulling and Adult Cyber Abuse Schemes under which online material may be considered harmful and be subject to removal. Before asking for a removal notice from the Commissioner, you should first complain to the online service provider. If the provider does not take action, you may report the issue to the eSafety Commissioner who can then issue a removal
notice and fine the provider if they do not remove the material as requested.

The Commissioner can also investigate complaints about online content that may be illegal or restricted. The Commissioner can issue a removal notice under the Online Content Scheme even if the content is hosted outside of Australia.

Complaint forms and other resources are available from the eSafety Commissioner's website.

Contact:

Office of the eSafety Commissioner

Call 1800 880 176 or visit www.esafety.gov.au
 

 

7 November 2025