Online Safety (Relief and Accountability) Act 2025 · s 85

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—(1) A person (X) must not conduct any online activity that constitutes online impersonation if the online activity is likely to cause a victim harassment, alarm, distress or humiliation.(2) If X contravenes subsection (1), the victim of the online impersonation may bring civil proceedings in a court against X.(3) In any proceedings mentioned in subsection (2), it is a defence for X to prove —(a)that X’s conduct was reasonable; or(b)that X had reasonable grounds to believe that the victim consented to the online impersonation.(4) In this section, “victim”, in relation to online impersonation, means the victim mentioned in section 15.
A person (X) must not conduct any online activity that constitutes online impersonation if the online activity is likely to cause a victim harassment, alarm, distress or humiliation.
If X contravenes subsection (1), the victim of the online impersonation may bring civil proceedings in a court against X.
In any proceedings mentioned in subsection (2), it is a defence for X to prove —(a)that X’s conduct was reasonable; or(b)that X had reasonable grounds to believe that the victim consented to the online impersonation.
In this section, “victim”, in relation to online impersonation, means the victim mentioned in section 15.

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s 85Tort of online impersonation

(1)

A person (X) must not conduct any online activity that constitutes online impersonation if the online activity is likely to cause a victim harassment, alarm, distress or humiliation.

(2)

If X contravenes subsection (1), the victim of the online impersonation may bring civil proceedings in a court against X.

(3)

In any proceedings mentioned in subsection (2), it is a defence for X to prove —

(a)

that X’s conduct was reasonable; or

(b)

that X had reasonable grounds to believe that the victim consented to the online impersonation.

(4)

In this section, “victim”, in relation to online impersonation, means the victim mentioned in section 15.