The federal government recently announced its intention to introduce legislation, criminalizing the practice known as ‘doxxing’ following some high-profile instances of doxxing in Australia. Doxxing is the malicious and nonconsensual publication of individuals’ personal information online, usually in an attempt to harass, punish or shame a person. This page outlines the proposed laws, the rationale behind them, and the different forms doxxing can take.
What is doxxing?
Doxxing refers to the distribution of personal information such as contact details and residential address without a person’s permission. It is an extreme form of cyberbullying and typically occurs in response to a person taking part in activities or holding views that another person considers objectionable.
Doxxing has become common on site such as Tumblr and 4Chan, with perpetrators targeting members of groups whose attitudes they disagreed with in order to expose or punish them. It has now spread to forums such as Whatsapp and Facebook.
Doxxing can be done in several different ways, including:
- de-anonymizing – revealing the identity of someone who was previously using a pseudonym or username
- targeting – publishing information that allows a person to be contacted or located and their security breached
- de-legitimising – publishing information about a person to damage their credibility or reputation.
Harms caused by doxxing
Doxxing can cause:
- humiliation or shame
- discrimination
- stalking (online or physically)
- harm to personal or professional reputation, which may lead to financial losses
- identity theft
- mental health harms.
Doxxing is harmful because it takes away people’s right to choose what personal information they want in the public arena. It is also often based on assumptions that a person who belongs to a particular group or community shares the views and participates in the practices of that group or community. The reality may be that members of a group with a common interest hold a range of views about the issues being discussed.
Extreme instances of doxxing have led to victims being on the receiving end of death threats and threats of sexual assault.
Justifications of doxxing
People who engage in doxxing often justify their actions by saying they are in the public interest. This claim is often based on a belief that members of particular groups are participating in harmful activities or spreading harmful views and deserve to be ‘outted’. Perpetrators have sometimes claimed to have been targeted by members of the groups whose details they have doxed. These justifications have been criticised for their subjectivity and for the complex questions they raise about rights to freedom of speech.
Other jurisdictions
Doxxing has been criminalized in several countries including Singapore and the Netherlands.
In Singapore, it is a criminal offence to publish someone else’s details to cause harassment, alarm or distress. This offence can attract a fine of up to $5000 or imprisonment for six months. It is also an offence to public someone else’s personal information with intent to facilitate the use of unlawful violence against them or someone else. This offence is punishable by a fine of up to $5000 or 12 months imprisonment.
In the Netherlands, doxxing became a criminal offence at the beginning of 2024.
Public Consultation on Doxxing and Privacy Reform
The government is currently taking submissions from the public in a Public Consultation on Doxxing and Privacy Reform. The government proposes to strengthen privacy protections through its review of the Privacy Act. Proposed measures include:
- introducing a tort for serious invasions of privacy that could be used to allow victims of doxxing to seek redress through the courts
- giving individuals stronger rights to access, erase, correct and object to their personal information that is listed publicly
- making other reforms to the Privacy Act to bring it into the digital age and raise awareness about responsible handling of personal information.
Submissions can be made on the proposals until 28 May 2024.
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