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Social media

Information about the various issues related to social media, including privacy, intimate images, defamation, discrimination, harassment, and bullying.

  • This topic covers

    This topic covers

    • Social media use
    • Privacy
    • Intimate images
    • Defamation
    • Criminal law
    • Discrimination
    • Harassment and bullying

    Social media is any website or online tool that allows users to create and share content and information on the internet.

    Common social media websites include Facebook, Twitter, YouTube, Instagram and TikTok.

Time limitAction
12 monthsFrom the date the material was published to start legal action for defamation in NSW.
12 monthsFrom when the discrimination took place to complain to Anti-Discrimination NSW.
Six monthsFrom when the discrimination took place to make a complaint to the Australian Human Rights Commission.

Jurisdiction can be a complex issue for this area of law as problems with social media can occur between people in different states or countries. The nature of sharing information online means that often you don't know who a person is, where they live, or where material has come from.

If you want to take legal action because of a problem with social media, you should speak to a lawyer. A lawyer can help you work out what laws apply, whether the laws have been broken and whether you have any options or grounds to start legal action.

Common term

Definition

​Adult cyber abuse

​Online communication to or about a person who is 18 years or older that is intended to cause them serious harm. The communication is through a social media service, relevant electronic service or designated internet service.

​Cyber abuse

​Behaviour that uses technology to threaten, intimidate, harass or humiliate someone with the intention of hurting them socially, psychologically or physically.

Cyberbullying

The use of technology to bully, harass, intimidate or hurt a person. It can occur anywhere on the internet including by email, on a website or through apps.

​Defamation

​Where a person says or implies something that harms a person's reputation in the ordinary community, or within their trade or profession, and is likely to result in the person being shunned avoided, made fun of, or despised. 

​Intimate image

A still visual image or a moving visual image that depicts, or appears to depict:

  • a person’s private parts
  • private activity, such as showering, bathing, using the toilet, or engaging in sexual activity
  • a person without their attire that is of particular religious or cultural significance

in circumstances where an ordinary reasonable person would reasonably expect to be given privacy.

​Objection notice

A notice given to the eSafety Commissioner objecting to sharing of an intimate image online.

​Online grooming

​When an adult uses electronic communication to build a relationship with a child to sexually abuse them.

​Remedial direction

​A written direction from the eSafety Commissioner that requires the recipient to take specific action aimed at preventing, or preventing further, non-consensual sharing of intimate images.

​Removal notice

A written notice from the eSafety Commissioner requiring the receipt to take all steps to remove an intimate image from a service within 24 hours, or the time specified in the notice.

A removal notice may be given to:

  • the person sharing the image
  • a social media service
  • an electronic service 
  • an internet service
  • a hosting service provider.

Sexting

A slang word for sending text messages, photos, videos or other material of a sexual nature, usually using a mobile phone.

Social media

Websites that allow people to access and share information and content, such as Instagram, Snapchat, Facebook, Twitter, YouTube and Myspace.

​Technology facilitated abuse

​Any behaviour that uses technology to harass, monitor, stalk, impersonate or threaten someone in order to control, frighten or humiliate that person.

Troll

A slang word for someone who publishes online material that is offensive, defamatory or abusive.

Tweet

Information posted on Twitter.

Website administrator

The person responsible for maintaining or monitoring a website.

OrganisationForms
eSafety Commissioner

Report forms (online forms)

  • Cyberbullying of a child (under 18 years)
  • Adult cyber abuse (18 years and older)
  • Image-based abuse
  • Illegal and restricted content

Manual forms

Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about social media.

Go to questions

Our services

Contact us

Call us on 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays).

More services

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

eSafety Commissioner

The eSafety Commissioner (eSafety) is Australia’s independent regulator for online safety with substantial powers to protect all Australians from online abuse and harm.

headspace

headspace is the National Youth Mental Health Foundation that supports young people with mental health, physical health, alcohol and drug services, and work and study support.

Lifeline

Lifeline provides people experiencing emotional distress with access to 24 hour confidential crisis support and suicide prevention services via phone, text, or online chat.

Parent Line NSW

Parent Line is a free telephone counselling and support service for parents and carers with children aged 0 to 18 who live in NSW.

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Youth Law Australia

Youth Law Australia is a community legal service that is dedicated to helping children and young people in Australia and their supporters to find a legal solution to their problems.

Our resources

Last updated: December 2023