Protection from Harassment Act 2014 · 2020 Revised Edition · Part 2 · Offences
4. Harassment, alarm, distress or humiliation
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An individual or entity must not use threatening, abusive or insulting words, behaviour or messages likely to harass, alarm or distress someone who sees or hears them. The fine is up to $5,000. It is a defence to prove the conduct was reasonable, or that there was no reason to expect that person to see or hear it.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2025. 2 amendments in all.
An individual or entity must not by any means —
entity
“entity” means any company or association or body of persons (whether corporate or unincorporate), but excludes any public agency;
use any threatening, abusive, insulting, sexual or indecent words or behaviour;
make any threatening, abusive, insulting, sexual or indecent communication,which is heard, seen or otherwise perceived by any person (called in this section the victim) likely to be caused harassment, alarm, distress or humiliation.
An individual or entity does not contravene subsection (1) where the sexual or indecent words or behaviour, or the sexual or indecent communication (as the case may be), has a legitimate purpose related to science, medicine, education or art. Explanation.— Sexual or indecent words or behaviour, or sexual or indecent communication, has a legitimate purpose related to art which a reasonable person would regard as art.
communication
“communication” means any words, image (moving or otherwise), message, expression, symbol or other representation that can be seen, heard or otherwise perceived by any person, or any combination of these;
Any individual or entity that contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000.
In any proceedings for an offence under subsection (2), it is a defence for the accused individual or accused entity (called in this section the accused) to prove —
that the accused had no reason to believe that the words or behaviour used, or the communication made, by the accused would be heard, seen or otherwise perceived by the victim; or
that the accused’s conduct was reasonable.Illustrations (a) X and Y are classmates. X posts a vulgar tirade against Y on a website accessible to all of their classmates. One of Y’s classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section. (b) X and Y are classmates. X gathers with other classmates outside Y’s family home, where Y lives with Y’s parents, and shouts threats at Y. Y is not at home. Y’s mother hears X’s threats and is distressed, because she fears for Y’s safety. X is guilty of an offence under this section. (c) X enters a bus station and starts to brandish a sword. Several persons present are alarmed by X’s behaviour. X is guilty of an offence under this section even though X’s actions were not directed at anyone. (d) X, the supervisor of a counselling service provider, circulates training material with case studies of sexually harassing online posts in an internal messaging group for counsellors. X’s communication has a legitimate purpose related to education. (e) X posts sex-education graphics in a messaging group with X’s colleagues. The material is unrelated to the group’s work, and X continues despite requests from X’s colleagues to stop because they find it harassing. X’s posts do not have a legitimate purpose related to science, medicine, education or art.