In NSW, simply looking at an ex-partner’s public social media profile once is unlikely, by itself, to amount to stalking. However, social media behaviour can become a legal issue if it forms part of a pattern of monitoring, tracking, contacting, intimidating or harassing another person.
Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is an offence to stalk or intimidate another person with the intention of causing them to fear physical or mental harm. The maximum penalty is 5 years imprisonment and/or 50 penalty units.1
NSW law defines stalking broadly. It can include following someone, watching places they attend, approaching them, contacting them online, or monitoring or tracking their activities, communications or movements using technology or otherwise.2 This means online conduct can be captured even if there is no physical contact.
When Could Social Media Behaviour Become Stalking?
Social media activity may become more serious where it involves:
- repeatedly checking or monitoring an ex-partner’s online activity;
- using fake accounts to view, message or interact with them;
- contacting them after they have asked for no contact;
- tagging, commenting, messaging or contacting their friends or family;
- tracking their location through posts, stories, apps or shared devices;
- behaviour that causes fear, distress, intimidation or harassment.
NSW Police has confirmed that the definition of stalking was expanded from 1 December 2024 to include monitoring or tracking a person’s activities, communications or movements, whether by technology or another method, and whether or not direct contact occurs.3
What If There Is an AVO?
If there is an Apprehended Violence Order, bail condition, police direction or court order in place, online behaviour can become much more serious. Even indirect contact or monitoring may breach conditions depending on the wording of the order.
Legal Aid NSW provides information about AVOs and the steps people can take if they are applying for or responding to an AVO.4
Does the Person Need to Actually Feel Fear?
Section 13 focuses on whether the accused intended to cause fear of physical or mental harm. The legislation also provides that a person may intend to cause fear if they know their conduct is likely to cause fear.1
Key Takeaway
Looking at a public profile once is not usually enough to be considered stalking. But repeated online monitoring, fake accounts, unwanted contact, tracking, or behaviour connected to an AVO can cross the line into criminal conduct.
If you are unsure whether your conduct, or someone else’s conduct, may amount to stalking or intimidation, you should get legal advice.
Disclaimer
This article is general information only and is not legal advice. Every case depends on its own facts. You should speak to a qualified criminal lawyer about your individual circumstances.
- Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13.
- Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 8.
- NSW Police, New Stalking Legislation factsheet.
- Legal Aid NSW, Apprehended violence orders.
