The woman was charged under section 474.17 of the Commonwealth Criminal Code which prohibits the use of a “carriage service to menace, harass or cause offence”. In general terms, a “carriage service” refers to a service for carrying communications and includes communication by way of email, online chat rooms, social networking sites and, also, telephone. A person is guilty of an offence under section 474.17 if the person uses a carriage service “in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive”. The maximum penalty for an offence of this kind is 3 years’ imprisonment.
There
have been a number of prosecutions under this section in
It is to be expected that more prosecutions will be launched under this and other sections relating to the use of telecommunication services in light of the explosion of communication via social networking sites in recent years. While this case represents one of the more extreme examples, it is yet another reminder of how it cannot be assumed that online communication is beyond the reach of the law.
