Have you been the victim of doxxing?

Guidance for victims of doxing.

Doxxing involves searching for and publishing private or identifying information about a particular individual or individuals without their consent on the internet, usually to a hostile audience and with malicious intent.  What follows is not intended to be legal advice, and should not be interpreted that way.  It is a general information guide only that might help you when you consult your legal adviser about your particular circumstances.  If you are concerned about personal safety, please contact the Community Security Group in your State.

Criminal offence:  Section 474.17 of the Criminal Code (Cth) makes it an offence to menace, harass or offend someone using a carriage service. (A carriage service includes the internet and social media).  This would need to be reported to the police.  There would need to be evidence proving the elements of the offence (including menace, harassment or offence) beyond reasonable doubt.  If you go to the police, cite this law. It is your right to make a complaint and have it recorded. Ask for an “event number”. Keep a record of it. Send the record of your complaint and the event number to the CSG in your State. If the police refuse to record the complaint or supply an event number, report this to the CSG, and provide details to them.

Another option is to report the incident as cybercrime via:  https://www.cyber.gov.au/report-and-recover/report. Send a record of your complaint to the CSG in your State.

  • Local or Federal police? – There has been some confusion about whether to report to your local police or to Australian Federal Police. Most victims do both.

eSafety Commissioner: The Australian Government’s eSafety Commissioner has powers to address adult cyber abuse (which can include doxxing), including the power to have harmful content removed by social media providers and users. The Commissioner also offers a range of counselling and other services. See here for more information: https://www.esafety.gov.au/key-topics/adult-cyber-abuse

Employment:  If you are employed and your employer takes adverse action against you (eg termination of your employment or a change for the worse in your employment conditions) based on information that has been revealed about you, you might have a legal remedy under the law of employment. For example, the Fair Work Act 2009 (Cth) provides certain protections for employees against termination of their employment or other adverse action by their employer by reason of the employee’s race, religion or political opinions.  These statutory protections over-ride any contrary provisions in your employment contract, including codes of conduct.

Damage to your business:  If you own a business which suffers loss or damage as a result of the publication of private or identifying information about you without your consent, legal remedies might be available to you under the Competition and Consumer Act 2010 (Cth) and its Schedule 2, the Australian Consumer Law, which contains anti-boycott provisions, protections against harassment and coercion in relation to the supply of goods or services and prohibitions against misleading and deceptive conduct in trade and commerce.

Breach of confidence: If someone has used or disclosed information about you that was provided by you confidentially (such as in a confidential discussion or forum), or which they obtained surreptitiously (such as through hacking), the information may be subject to an equitable duty of confidence. This could entitle you to remedies such as restraining further use of the confidential information and destruction of any copies of the information held by the person.

Personal loss or damage: Other remedies might be available to you under the general law if, for example, if you suffer psychiatric harm (ie a diagnosable illness and not mere psychological distress), or can prove that there is an imminent risk that you will suffer psychiatric harm, you might have an action against those responsible for the tort of harassment. There are also circumstances where someone may assume a duty of care such that they may be liable to you in negligence if you suffer actionable loss or damage.

Defamation or injurious falsehood: The way information about you has been published might state or imply something negative about you which damages your reputation.  You might have an action against the publisher for damages for the tort of defamation. If someone has knowingly stated something about you that is false, you may also have an action against them for injurious falsehood.

Racial or religious vilification: If you believe you have been publicly vilified or discriminated against on the basis of race or religion then you can make a complaint to the Australian Human Rights Commission (racial vilification only) and/or your State or Territory anti-discrimination body.

You don’t have to be a victim.  Many legal firms will offer you a first consultation without charge.  Others have pro bono programs to provide legal services for those who cannot afford them.

It is not expensive to have your solicitor send a warning letter to those who have engaged in doxxing or acted against you based on doxxed material.  That alone can give pause to many wrong-doers.  Whether you take any further action after that will be your choice.

To report a doxxing incident and to receive further advice, please email: report@ecaj.org.au

 

To download this document in PDF format, please click here.

 

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