Texts, calls, emails and social media posts can all lead to this federal charge. Whether a reasonable person would see the messages as menacing, harassing or offensive is usually the question. Talk to Joseph Rahim.
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This is an offence under section 474.17 of the Criminal Code Act 1995 (Cth). A carriage service includes phone, internet, social media and messaging apps.
The question is how reasonable persons would regard it, regardless of how you or the recipient saw it. The Commonwealth Director of Public Prosecutions says offensive material must be seriously or significantly offensive, and menacing or harassing conduct must have a serious potential effect on the person receiving it.
For deciding whether something is offensive, the law looks at the standards of morality, decency and propriety generally accepted by reasonable adults, any literary, artistic or educational merit, and the general character of the material.
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Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Several related offences sit next to section 474.17.
Section 474.17A covers transmitting sexual material of an adult knowing they do not consent, or being reckless about it. It includes material that has been created or altered, such as deepfakes, and there are aggravated forms.
Sections 474.17C and 474.17D cover making available, publishing or distributing a person’s personal data in a way reasonable persons would regard as menacing or harassing, sometimes called doxxing.
Commonwealth offences are heard in Queensland courts. Summary charges go to the Magistrates Court and indictable charges to the District or Supreme Court. A Commonwealth jury verdict must be unanimous.
Stop contacting the person, including through other accounts or friends. Further messages can become further charges.
Leave phones and accounts as they are. Do not delete, reset or move anything.
You must give your name and address when asked. Get advice before you say anything else.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
It can be. The test is whether reasonable persons would regard the use of the service as menacing, harassing or offensive in all the circumstances, which can turn on content alone.
It is a Commonwealth offence, but it is heard in Queensland courts, usually starting in the Magistrates Court.
The test is objective. What matters is how reasonable persons would regard it, in all the circumstances.
Yes. It is free, confidential and comes with no obligation.
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0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
