Cyberbullying and the Law in South Australia

What Is Cyberbullying?

Cyberbullying is when someone uses the internet, social media, messages, or online platforms to harass, threaten, embarrass, or humiliate another person. It can happen through texts, Snapchat, Instagram DMs, TikTok comments and group chats and in South Australia, cyberbullying can be illegal.

Examples of cyberbullying include:

• Repeated abusive or threatening messages
• Sharing personal photos or videos without consent
• Spreading rumours online
• Fake accounts created to harass someone
• Doxxing (sharing private information publicly)

Is Cyberbullying Against the Law in South Australia?

In South Australia, cyberbullying falls under the Criminal Law Consolidation Act 1935, specifically Section 19, which makes it a crime to use a computer or electronic system to “menace, harass or cause offence” LSC SA.

You can be charged with an offence if you:

• Intentionally send threatening, abusive or offensive messages
• Repeatedly contact someone to cause harm
• Share images or videos that are humiliating or sexual without consent
• Use social media or apps to intimidate someone

Penalties can include fines, restraining orders, and even imprisonment, especially if the behaviour causes mental harm, distress or makes someone feel unsafe.

Who Can Be Charged?

Anyone over 10 years old can be charged in South Australia. If you didn’t post the original message but you shared, liked or tagged a harmful piece of content, this can make you part of the offence.

Police in South Australia take cyberbullying seriously especially when it’s repeated, targeted or causes someone to self-harm or withdraw from school or work.

What About Sharing Nude or Sexual Images?

If someone shares, threatens to share, or even asks for nude images (sometimes called “sextortion” or “revenge porn”), it’s a serious offence under image-based abuse laws.

• Sharing intimate images without consent is illegal
• Threatening to share intimate images is illegal
• Possessing sexual images of someone under 18 (even if they sent it themselves) can be a criminal offence under child exploitation laws

What Can You Do If You’re Being Cyberbullied?

• Don’t respond to hate. Save the messages or take screenshots for evidence.
• Report and block the person on the platform (Instagram, TikTok, Snapchat, etc.).
• Tell someone you trust – a parent, teacher, youth worker or friend.
• Make a police report if you feel threatened or unsafe.
• Get legal advice – especially if you’ve been named, your image was shared, or you’re being harassed across multiple platforms.

You can contact police directly via South Australia Police, Cyberbullying Support or get youth-specific legal help via Youth Law Australia.

If You’ve Been Accused of Cyberbullying

Even if it was meant as a joke, cyberbullying can still be a criminal offence. If the police contact you, or you’ve been suspended or asked to attend a meeting at school, get legal advice before responding.

At Caldicott + Isaacs, our expert criminal defence lawyers represent all South Australian who are facing charges, being investigated, or need help understanding their rights around digital behaviour.

Need Help?

Cyberbullying can spiral quickly both legally and emotionally. Whether you’re being bullied or facing accusations, we’re here to help.

We’ll walk you through your options, protect your rights and help you move forward safely.

FAQs About Cyberbullying

Can you go to jail for cyberbullying in South Australia?
Yes. If the bullying involves threats, harassment, or sharing private images without consent, you could face criminal charges. Penalties include fines and even jail time, especially if someone is seriously harmed by the behaviour.

What counts as online harassment in SA?
Online harassment can include repeated abusive DMs, threatening messages, embarrassing posts, doxxing (posting someone’s private info), or creating fake accounts to bully someone. If it causes distress, it could be illegal.

Is sharing screenshots or DMs illegal in Australia?
It depends. Sharing screenshots without consent can be illegal if they’re used to embarrass, harass, or harm someone. If the content is sexual or private, you could be charged under image-based abuse laws.

Can I get in trouble for reposting bullying content?
Yes. If you share or repost something that’s abusive or threatening (even if you didn’t create it), you may be considered part of the offence. Liking or commenting can also be used as evidence.

What if someone threatens to leak my nudes?
Threatening to share private sexual images without consent is a crime and should be reported to police or an image abuse support service. This offence is known as image-based abuse or ‘sextortion’.

Can under 18s be charged with cyberbullying?
Yes. In South Australia, the age of criminal responsibility is 10. Teenagers and even pre-teens can be charged if the behaviour is serious or repeated.

Is making a fake account to prank someone illegal?
If the fake account is used to bully, impersonate, or humiliate someone, it can be illegal. It may fall under laws related to impersonation, harassment or online abuse.

Is it illegal to post a fight or bullying video online?
Yes. Posting a video of someone being bullied, without their consent, can be considered image-based abuse or harassment. You could face serious legal consequences even if you didn’t film it.

Can police track down anonymous accounts?
Police can work with social media companies to identify users behind anonymous or fake accounts if a crime is suspected, especially for serious harassment or image-based abuse.

Can police see deleted messages from my phone?
Yes. Even if you delete messages or content, police can often retrieve them using digital forensics especially if your device is seized as part of an investigation. Apps like Snapchat, Instagram or WhatsApp may also store data on their servers.

Can police get access to deleted Snapchats?
Possibly. While Snapchat deletes messages quickly, the company keeps some data for a limited time. Police can request that data with a warrant or court order. If screenshots or screen recordings exist, they can also be used as evidence.

If I delete a message, am I safe from getting caught?
Deleting a message does not erase the offence. If someone screenshotted it, saved the chat or reported it, it can still be used as evidence. Plus, deleted data can often be recovered by police or tech specialists.

Can police track anonymous or fake accounts?
Yes. Police can request user information (like IP addresses, emails, or device IDs) from platforms like Instagram, TikTok or Snapchat. Even if you used a fake name or burner account, investigators may still track you down.

Can police check group chats or DMs?
Yes. Group chats and private DMs can be retrieved from phones or directly from app companies with a court order. If the chats involve threats, harassment or illegal content, everyone involved may be questioned or charged.

If I delete an app, can the police still find content, images and messages from it?
Yes. Deleting an app doesn’t mean all the data is gone. Traces can remain on your phone, in backups (like iCloud or Google Drive), or on the app’s servers. Police forensic tools can often recover this.