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Can You Be Charged for What You Say Online? The Law on Using a Carriage Service to Offend in NSW

ByBlacktown Criminal Lawyers

In the age of texts, tweets, TikToks and DMs, many Australians assume their private or emotional messages are just that, private. But what happens when a late-night message, angry post, or sarcastic joke ends up in court?

At National Criminal Lawyers®, one of the fastest-growing offences we see involves “using a carriage service to menace, harass, or offend”, under section 474.17 of the Criminal Code Act 1995 (Cth). It’s a charge with serious consequences, and it’s becoming increasingly common especially in cases involving AVO breaches, domestic violence, bail applications, and intimidation.

Let’s break down what this offence actually means, when you can be charged, and what your rights are if you’re accused of crossing the line online.

What Is a Carriage Service?

Under Commonwealth law, a carriage service includes anything that carries communication, that means:

  • Mobile phones (texts, calls)
  • Social media (Instagram, Facebook, Twitter/X)
  • Emails and messaging apps (WhatsApp, Signal, Snapchat)
  • Dating apps (Tinder, Grindr)
  • Internet forums and online posts

If you use any of these platforms, you’re technically using a carriage service. And what you say on them can land you in court.

What Does the Law Say?

Section 474.17(1) of the Criminal Code (Cth) states:

“A person is guilty of an offence if the person uses a carriage service to menace, harass or cause offence.”

To be convicted, the prosecution must prove:

  1. You used a carriage service; and
  2. The communication was menacing, harassing, or offensive.

What Counts as “Menacing”, “Harassing” or “Offensive”?

Whether these terms apply – the 2nd element of ‘Use carriage’ – is objectively assessed by the “reasonable person” test. However, these terms aren’t defined strictly, so courts look at context:

  • Menacing: Messages that threaten, intimidate, or create fear (e.g. “I’m watching you”, “You’ll get what’s coming”).

  • Harassing: Repeated unwanted contact (e.g. constant texts after someone asks you to stop).

  • Offensive: Content that would seriously offend a reasonable adult — not just rude or crude, but seriously insulting or abusive.

In Monis v The Queen [2013] HCA 4, the High Court examined how offensive communications intersect with freedom of speech, but upheld that criminal law can apply to grossly offensive messages.

Common Examples That Lead to Charges

  • Threatening an ex-partner during a custody dispute
  • Sending dozens of unwanted messages after a breakup
  • Posting sexually explicit images without consent
  • Harassing a partner despite being under an AVO
  • Making racial or hateful comments online

We’ve defended clients who were shocked to learn that even one message — sent in anger — can result in a criminal charge.

How Serious Is the Offence?

  • Maximum penalty: 3 years imprisonment or 600 penalty units (currently $166,500)

  • It’s a Commonwealth offence, meaning it applies across all Australian states and territories.

  • It is often charged alongside or as part of:

Real-World Statistics: A Growing Problem

Digital evidence is rapidly becoming central to criminal law in NSW:

  • According to the NSW Bureau of Crime Statistics and Research (BOCSAR), 94% of cybercrime victims in 2023 had digital evidence (e.g. emails, messages, screenshots) relevant to their complaint.

  • Domestic violence-related stalking and intimidation incidents more than doubled in the decade to 2021 — from 8,120 to 17,063 — often driven by electronic contact.

  • These digital interactions now form the basis for AVO applications, bail decisions, and even full-time imprisonment.

Can You Defend Against This Charge?

Yes — and many cases hinge on context and intent.

Possible legal defences include:

  • Lack of intent: The message was not meant to menace or harass.

  • Freedom of expression: The content was political, satirical, or not “grossly” offensive (though this is rarely successful).

  • Mistaken identity: Someone else used your account or phone.

  • Lack of seriousness: The message may have been distasteful, but not criminal.

In court, tone, frequency, relationship history, and platform used are all assessed carefully.

Can Police Search Your Phone for Evidence?

Yes — but only under strict rules. As explained in our earlier article (When Can Police Search Your Phone in NSW?), police need:

  • A search warrant, or

  • Your voluntary consent, or

  • The phone to be lawfully seized under arrest

They can’t force you to provide your PIN or password unless they obtain a special order under s 3LA of the Crimes Act 1914 (Cth).

How National Criminal Lawyers® Can Help

If you’ve been charged with using a carriage service to menace, harass, or offend — or fear you might be — don’t leave it to chance. These charges can damage your career, reputation, family life, and immigration status.

At National Criminal Lawyers®, we:

  • Challenge the legality of the evidence (e.g. how your phone was searched)

  • Analyse message context and tone

  • Cross-examine complainants on motive and intent

  • Negotiate with the prosecution to reduce or withdraw charges

  • Represent you at trial, bail applications, or sentencing

Final Thoughts: Watch Your Words

Words typed in seconds can have lifelong consequences. While we all have the right to communicate freely, once that communication crosses into “menacing” or “harassing”, especially in the context of domestic conflict, it can become a criminal offence.

Whether you’re facing a charge related to digital communication, AVOs, bail conditions, or intimidation, don’t delay.

Contact Us Today

If you’ve been contacted by police, charged with an online offence, or need urgent legal advice, call National Criminal Lawyers® on 1800 CRIM LAW.

Your defence starts the moment you call. Protect your freedom, reputation and future.

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