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This information is general and should not be relied upon as a substitute for legal advice. The Legal Services Commission provides free advice for most legal problems. Contact the Legal Helpline on 1300 366 424 or visit www.lsc.sa.gov.au or www.lawhandbook.sa.gov.au
Abuse and threats by phone and via the internet are becoming more common, particularly in the context of domestic violence. Online abuse can include threats to upload or distribute intimate or sexual photos or videos to social media networks or internet sites without consent. This is image-based abuse.
This fact sheet gives a brief overview of some legal options for prevention and protection. For some, one avenue will be sufficient. In other cases, a combination of different approaches may be needed. The key is for you to identify your needs and priorities and access the right support services as quickly as possible.
Call our Legal Helpline on 1300 366 424 for free legal advice or referral to one of our domestic violence services.
One option is to seek orders under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) 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:
The police can issue an intervention order in some circumstances or apply to the Magistrates Court for an order on your behalf.
Alternatively, you can apply to the 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.
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.
Under section 19 of the Criminal Law Consolidation Act 1935 (SA), it is an offence to threaten to kill or harm a person. This includes threats made over the phone or via the internet.
Harm includes physical and mental harm.
A person may be found guilty if it can be proved that they threatened, without lawful excuse, to kill, endanger the life of, or harm, another person, intending to create a fear that the threat would be carried out (or with reckless indifference as to whether such a fear would be created).
It is an offence, under section 19AA, to stalk a person. This can include giving, sending, transmitting or publishing offensive material via a phone or the internet, or any other acts that could reasonably be expected to cause the other person fear. In some cases the police may informally caution a person against stalking even if there is not enough evidence to charge them.
Under section 26C of the Summary Offences Act 1953 (SA), it is an offence to distribute an invasive image of someone knowing or having reason to believe they do not consent. Under section 26DA, 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 such that the person’s breasts or bare genital or anal region is visible. It can include an image that has been digitally altered.
The Commonwealth Criminal Code includes a similar offence of transmitting by phone or internet sexual material of another person without their consent. It goes further by including sexual material that has been entirely created by technology. 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.
It is an offence under the Commonwealth Criminal Code 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.
Aside from pursuing criminal charges, an adult or child who lives in Australia and is the victim of cyberbullying 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 and adult Cyber Abuse Schemes under which online material may be considered cyber bullying and be subject to removal. Before asking for a removal notice from the Commissioner under one of these Cyber Abuse Schemes, you should first complain to the online service provider. The Commissioner cannot issue a removal notice to a service provider until 48 hours after you have made a complaint to the provider. The Commissioner can issue fines where material is not removed 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
9 January 2025
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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