Leslie Massey
Doxxing is an emerging form of cyber-harassment that involves the intentional online exposure of an individual's identity, private information, or personal details without their consent. While doxxing is not currently a standalone offence in Australia, the Australian government has announced plans to introduce new laws to address this issue. This follows concerns over the rise of online harassment and cyberhate, which have resulted in significant costs for Australians, as well as large-scale data breaches affecting the personal information of many individuals. The proposed legislation seeks to criminalise doxxing and provide legal remedies for victims, with the offence carrying a maximum penalty of up to six years' imprisonment.
| Characteristics | Values |
|---|---|
| Doxing defined | The Federal eSafety Commissioner defines doxxing as the "intentional online exposure of an individual’s identity, private information or personal details, without their consent" |
| Current legal status | Doxing is not currently a stand-alone offence in Australia |
| Current laws that apply to doxing | Section 474.15 of the Federal Criminal Code Act 1995 (Cth) makes it an offence to use a 'carriage service' (including the internet) to menace, harass or cause offence to another. This could encompass the act of doxing. |
| New laws | On November 29, 2024, Australia’s Parliament passed the Privacy and Other Legislation Amendment Act 2024, which criminalizes doxing. The law took effect on December 10, 2024. |
| Penalty | The penalty for doxing is expected to include jail time. The offence carries a maximum penalty of six years’ imprisonment. |
| Challenges | The digital realm is not confined by national borders, which complicates the enforcement of domestic laws. Perpetrators often use anonymous accounts, VPNs, and other tools to obfuscate their identities, making it difficult for law enforcement agencies to trace the source. |
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What You'll Learn
Doxxing as cyber-harassment
Doxxing, or the act of publicly revealing an individual's identity, private information, or personal details without their consent, is a form of cyber-harassment. It is often done with the intent to cause harm, harass, or intimidate the target, undermining their privacy, security, safety, and reputation. While doxxing is not currently a standalone offence in Australia, it can fall under existing laws against stalking, harassing, or intimidating others.
Doxxing typically involves collecting and broadcasting an individual's private information, such as their home address, contact details, or social security number, without their permission. This information may be sourced from publicly available data, public records, or unauthorised access to private databases. Those responsible for doxxing may urge others to use the information to harass the target, and the increased use of internet-connected technologies has made it easier to collect, store, track, and share this information publicly.
Doxxing can be used as a tactic of online harassment, cyberbullying, or cyberstalking, with the intention to scare, threaten, embarrass, or punish the victim. It can also be used for extortion or coercion, giving perpetrators power over their victims. In some cases, doxxing has been justified as a means to expose harmful behaviour or hold offenders accountable, or as a form of internet vigilantism against criminal activity. However, it is important to note that doxxing can have severe consequences, and ethical considerations come into play, as it can result in reputational damage, physical harm, or even emergency situations.
Given the serious nature of doxxing, the Australian government has recognised the need to address it specifically in legislation. In November 2024, Australia's Parliament passed the Privacy and Other Legislation Amendment Act 2024, criminalising doxxing and amending the Privacy Act 1988. This legislation introduces two new criminal offences regarding the release of personal data in a harassing or menacing manner, carrying penalties of up to six years imprisonment. The Australian government has also announced broader reforms to privacy legislation, including the introduction of a statutory tort to provide redress for doxxing victims. These changes demonstrate a commitment to tackling doxxing behaviours and protecting individuals' privacy and safety online.
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Doxxing laws in Australia
Doxxing, or the intentional online exposure of an individual's identity, private information, or personal details without their consent, is not currently a standalone offence in Australia. However, the act of doxing can constitute a criminal offence under existing laws, particularly when done for the purposes of stalking, harassing, or intimidating another.
Section 474.15 of the Federal Criminal Code Act 1995 (Cth), which applies throughout Australia, makes it 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, and the offence carries a maximum penalty of 3 years imprisonment.
In recognition of the growing problem of doxxing, the Australian government has recently announced plans to introduce new laws to specifically tackle doxxing. In March 2024, the Attorney-General's Department conducted public consultations, including a roundtable on doxxing and privacy reform, with key stakeholders such as the eSafety Commissioner and Privacy Commissioner.
On November 29, 2024, Australia's Parliament passed the Privacy and Other Legislation Amendment Act 2024, which criminalizes doxxing and amends the Privacy Act 1988 and other relevant laws. The new law introduces two new criminal offences to the Criminal Code Act 1995 (Cth) regarding the release of personal data in a manner that a "reasonable person" would consider menacing or harassing. The penalty for this offence is up to six years of imprisonment.
The new legislation also introduces a statutory tort for serious invasions of privacy, addressing a previous gap in Australian law. This tort provision provides victims of doxxing with an additional legal remedy through civil action.
While the new laws are a step towards addressing doxxing behaviours, there are some challenges to enforcement, particularly when perpetrators are located in different jurisdictions or use anonymous accounts and other tools to obfuscate their identities.
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Doxxing and public interest journalism
Doxxing, or the "dropping [of] documents", is the intentional online exposure of an individual's identity, private information, or personal details without their consent. The act of doxing could constitute a criminal offence in Australia, particularly when done for the purposes of stalking, harassing, or intimidating another.
There is debate over whether doxxing can be considered a legitimate tool in public interest journalism. Some argue that doxxing can expose contradictory, unethical, or illegal behaviour. For example, revealing sensitive or intimate information about someone that can damage their credibility or reputation, such as their private medical, legal, or financial records, or personal messages and photos usually kept out of public view. In some cases, doxxing is motivated by the desire to expose wrongdoing and hold the wrongdoer accountable. Doxxing has also been used in internet vigilantism against criminal activity, such as online scams.
However, it is important to consider the potential harm caused by doxxing. Sharing the information publicly can undermine the target's privacy, security, safety, and reputation. Often, those responsible for doxxing urge others to use the information to harass the person targeted. Additionally, the threat of doxxing can be used to intimidate or threaten someone, and in some cases, it is used to extort money.
In response to the growing concern over doxxing, the Australian government has announced plans to introduce new laws to tackle the issue. On November 29, 2024, Australia's Parliament passed the Privacy and Other Legislation Amendment Act 2024, which criminalizes doxxing and amends the Privacy Act 1988 and other relevant laws. The new law introduces two new criminal offences to the Criminal Code Act 1995 (Cth) regarding the release of personal data in a manner that a "reasonable person" would consider menacing or harassing. The proposed exemption for public interest journalism will also need to be carefully examined.
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Doxxing and online misconduct
Doxxing, short for "dropping documents", is the act of intentionally exposing an individual's identity, private information, or personal details without their consent. This can be done to cause harm or to enable others to harass the target. While doxxing is not currently a standalone offence in Australia, it can constitute a criminal offence under existing laws, particularly when done for stalking, harassing, or intimidating another.
The Federal eSafety Commissioner defines doxxing as the "intentional online exposure of an individual's identity, private information or personal details, without their consent". This definition highlights the key elements of doxxing: the online distribution of personal data and the absence of consent.
In response to the growing problem of doxxing and online misconduct, the Australian government has introduced new legislation to specifically criminalise doxxing. The Privacy and Other Legislation Amendment Act 2024, which came into effect on 10 December 2024, amends the Privacy Act 1988 and other relevant laws. The new legislation introduces two new criminal offences to the Criminal Code Act 1995 (Cth): a "standard" offence under Section 474.17C for using electronic media to publish an individual's personal information in a menacing or harassing manner, and an offence under Section 474.15 for using a "carriage service" (including the internet) to menace, harass, or cause offence to another.
The new legislation also includes a statutory tort for serious invasions of privacy, addressing a previous gap in Australian law. This tort provides victims of doxxing with an additional legal remedy through civil action. The maximum penalty for the criminal offence of doxxing is six years' imprisonment, reflecting the potential harm that can arise from such conduct, including long-lasting psychological, reputational, and financial damage.
While the new legislation is a step towards addressing doxxing and online misconduct, there are some challenges to its enforcement. The digital realm transcends national borders, and perpetrators of doxxing may be located in different jurisdictions, requiring significant international cooperation to enforce the law. Additionally, perpetrators often use anonymous accounts, VPNs, and other tools to hide their identities, making it difficult for law enforcement agencies to trace the source of the harmful conduct.
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Doxxing and the exposure of personal details
Doxxing is an emerging form of cyber-harassment that involves the act of unmasking someone who was previously anonymous or revealing specific details to allow someone to be located or contacted. The Federal eSafety Commissioner defines 'doxxing' as the “intentional online exposure of an individual's identity, private information or personal details, without their consent".
Doxxing is not currently a standalone offence in any part of Australia. However, 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 with the intent to harass or menace another. The term 'harass' is not defined under the Code but likely overlaps with behaviours generally considered stalking or intimidation. The penalty for this offence carries a maximum sentence of 3 years imprisonment.
In response to the controversial leaking of the personal information of over 600 participants of a pro-Israel WhatsApp group in February 2024, the Australian government has announced that it will introduce new laws to tackle doxxing. On November 29, 2024, Australia's Parliament passed the Privacy and Other Legislation Amendment Act 2024, which criminalizes doxxing and amends the Privacy Act 1988 and other relevant laws. The new law introduces two new criminal offences to the Criminal Code Act 1995 (Cth) regarding the release of personal data in a manner that a "reasonable person" would consider menacing or harassing. The penalty for this offence is up to six years of imprisonment. The new law also introduces a statutory tort for serious invasions of privacy, addressing a previous gap in Australian law.
There are some concerns about the proposed new doxxing laws. Existing legislation already deals with cyberbullying, stalking, intimidation, and harassment. New legislation that goes beyond this could clog up the courts with matters that do not meet the criminal standard. There will need to be careful consideration given to the definition of 'personal information' and what exceptions apply. For example, there will need to be a careful examination of the proposed exemption for public interest journalism.
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Frequently asked questions
Doxing is the intentional online exposure of an individual’s identity, private information or personal details without their consent with the intent of causing harm.
Doxing is not currently a stand-alone offence in Australia. However, the Australian government has announced that it will be moving forward with legislation to make doxing a criminal offence.
The penalty for doxing in Australia is expected to include jail time. The offence carries a maximum penalty of six years’ imprisonment.
