Doxxing is an emerging form of cyber-harassment encompassing the act of unmasking someone who was previously anonymous or revealing specific details to allow someone to be located or contacted.
Under current laws across Australia, the act of doxing could constitute a criminal offence, particularly when done for the purposes of stalking, harassing or intimidating another. Further, the Australian government has recently announced it will introduce new laws to tackle doxxing in the community.
The following outlines the laws relating to the act of doxxing, including key offences under State, Territory and Federal law as well as what is known about government plans to reform laws to tackle the doxxing in the future..
Doxx Meaning
What does doxxed mean? The Federal eSafety Commissioner defines 'doxxing' as the 'intentional online exposure of an individual's identity, private information or personal details, without their consent'.
It includes the following subtypes:
- De-anonymising doxxing: which involves revealing the identity of someone previously anonymous.
- Targeting doxxing: which involves disclosing specific information that allows contact, location, or security breaches.
- De-legitimising doxxing: which involves exposing sensitive information to damage credibility or reputation.
What does it mean to dox someone? Being a victim of doxxing could result in public embarrassment and humiliation, identity theft and fraud, damage to personal and professional reputation as well as significant psychological harm.
According to a 2019 study by The Australian Institute around 5% of Australians have experienced doxxing, with personal details being published to intimidate them.
Current laws addressing doxxing in Australia include State and Territory laws targeting stalking behaviours as well as Federal laws designed to tackle online harassment.
Is Doxxing Illegal in Australia?
Doxxing without causing intimidation or stalking is not illegal. Doxxing can turn into a crime if it forms part of a pattern of behaviour designed to intimidate or stalk or harass another person or persons. Each State and Territory has specific offences which deal with stalking or intimidation behaviours with maximum penalties including conviction and imprisonment.
A common form of doxxing is cyberbullying, which is illegal attracting penalties of up to 10 years imprisonment.
The Penalties for Illegal Doxxing in New South Wales
In NSW, section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) outlines an offence which applies when a person stalks or intimidates another with the intent to cause fear of physical or mental harm. The act of 'stalking' includes contacting or otherwise approaching a person using the internet or any other technologically assisted means. For this offence, the prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm, only that such harm was intended. The maximum penalty for this offense is 5 years imprisonment or 50 penalty units, or both.
Similar offences exist throughout all other jurisdictions in Australia. These include following:
- In Victoria, section 21A of the Crimes Act 1958 (Vic) outlines the offence of stalking. This offence carries a maximum penalty of 10 years imprisonment.
- In the ACT, section 35 of the Crimes Act 1900 (ACT) outlines the offence of stalking with intent to cause fear, harm or harassment. This offence carries a maximum penalty of 5 years imprisonment for a general offence, and 7 years imprisonment for an aggravated offence.
- In Queensland, section 359B of the Criminal Code 1899 (Qld) outlines the offence of unlawful stalking, intimidation, harassment, or abuse an offense. This offence carries a maximum penalty of 5 years imprisonment for a general offence, and 7 years imprisonment for an aggravated offence.
- In Tasmania, section 192 of the Criminal Code 1924 (Tas) outlines the offence of stalking and bullying. The maximum penalty for this offence is 21 years imprisonment.
- In the Northern Territory, section 189 of the Criminal Code Act 1997 (NT) outlines the offence of stalking. This offence carries a maximum penalty of 2 years imprisonment for a general offence, and 5 years imprisonment for an aggravated offence.
- In South Australia, section 19AA of the Criminal Law Consolidation Act 1935 (SA) outlines the offence of unlawful stalking. This offence carries a maximum penalty of 2 years imprisonment for a general offence, and 5 years imprisonment for an aggravated offence.
- In Western Australia, section 338E of the Criminal Code 1913 (WA) outlines the offence of stalking. This offence carries a maximum penalty of 3 years imprisonment for a general offence, and 8 years imprisonment for an aggravated offence.
Federal Laws Against Doxxing in Australia
Under section 474.15 of the Federal Criminal Code Act 1995 (Cth), which applies throughout Australia, it is an offence to use a 'carriage service' (including the internet) to menace, harass or cause offence to another. This would encompass the act of doxxing, which is often done for the purposes of harassing or menacing another. This offence carries a maximum penalty of 3 years imprisonment.
Section 138.2 of the Code defines 'menaces' as including:
- A direct or implied threat of conduct that is harmful or unpleasant to another person.
- A general threat of harmful or unpleasant conduct implied by the status, office, or position of the person making the threat.
The term 'harass' is not defined under the Code, but likely overlaps with behaviours generally considered stalking or intimidation.
The term 'offensive' is broadly defined. According to Section 473.4 of the Act, to determine if material is offensive, one must consider:
- The standards of morality, decency, and propriety generally accepted by reasonable adults.
- The literary, artistic, or educational value (if any) of the material.
- The general nature of the material, including whether it pertains to medical, legal, or scientific fields.
Proposed New Doxxing Laws
Following the controversial leaking of the personal information of over 600 participants of a pro-Israel WhatsApp group in February 2024, the Australian government announced that it will be reforming laws to better tackle doxxing behaviours.
Attorney-General Mark Dreyfus has announced that doxxing will be tackled as part of broader reforms of Australia's privacy legislation, including the introduction of a statutory tort to provide redress for doxxing victims.
The Federal government has also hinted at introducing fresh criminal laws to address doxxing behaviours, however it is yet to provide detail.
Based on current reports, it appears the new laws will deal with 'malicious disclosure of personal information' as part of a new offence within the Federal Criminal Code. This will likely encompass the disclosure of private information for the purposes of harming a person's reputation or with intent to cause distress or embarrassment. It appears likely that any new offence will include defences for individuals who disclose information as part of professional journalism or in other circumstances where it is in the public interest to allow disclosure.
Given these announcements, whilst doxxing is not currently a stand-alone offence in any part of Australia, it seems likely that a discrete offence will be introduced in the near future.
For more on this law, get in touch with our criminal defence lawyers in Sydney today for a confidential chat.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.