With over half of the world having access to social media, there has been a rise in complaints of cyberbullying and harassment. But, is there any real legal protection if you receive harassing or inappropriate messages? Let’s discuss.

In 2018, following the tragic suicide of Amy Everett, the Commonwealth Criminal Code was updated with an offence of using a carriage service to menace, harass or cause offence. To prove this offence, the police must show that a person:

  • Used a carrier service; and
  • They did so in a way that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.

Some examples of this behaviour include calling someone and making threats or posting offensive material against another person online.

The offence carries a maximum gaol sentence of 3 years. It becomes aggravated where private sexual material is involved (‘revenge porn’). In these circumstances, the maximum gaol sentence is 5 years.

In 2017, new offences relating to ‘revenge porn’ were added to the NSW Crimes Act. These provisions prohibit recording or distributing intimate images without consent or threatening to do so. The new offence carries a maximum gaol sentence of 3 years.

Under the NSW Crimes Act, a person may be charged with stalking or intimidation with intent to cause physical or mental harm. These offences are skewed to incidences arising out of a personal or domestic relationships.

In order to prove the offence, the police must show that someone:

  • Did or attempted to stalk or intimidate a person; and
  • That person intended to cause fear of physical or mental harm (whether or not the victim actually did actually fear).

This offence carries a maximum gaol sentence of 5 years.

While there is some protection for victims of cyberbullying and cyberstalking, there are still issues the law hasn’t yet evolved to deal with, such as tracking overseas web users and dealing with creation of fake profiles.

Proud to be different

We are proud to be different. That’s what makes Banga Legal the very best legal advisors for your matter. We don’t celebrate old school ‘pomp’ or excessive layers of admin and corporate structure. We celebrate great outcomes, high level customer service and happy clients. That’s what is important to us.

Proud to be small

Proudly small and with the benefits of an agile lean firm, Banga Legal is big enough to deliver. Our team is constantly expanding and we are on the look out for the next real world court advocate.

Proud to be collaborative

We work alongside a number of affiliates who collectively enable us to deliver the very best and most affordable services for your unique requirements. Our affiliates are both legal and non-legal. They come from different industries, different walks of life and help us deliver on that renowned standard of service.

How we work

Four Steps To Your Success

Banga Legal provides you the confidence of knowing that your guidance comes from the very best Sydney and Melbourne Lawyer. 


Speak To Us

Chat to us about how we can assist with your legal dilemmas. We pick up where the others cannot.


We will discuss your desired outcome and formulate the best way in helping acheieve the set goals.




This is where we will put the strategy in motion. Act on the formula and drive your matter to success, using both litigation and out of court alternatives were applicable.


When you walk away knowing that you obtained the best possible outcome for your case.