Watching what you say online
with Nicholas Fisher Intern at Law Digital Age Lawyers
As the impacts of COVID-19 continue to grow more extreme , we are forced to rely on our phones and computers as our primary source of communication . Therefore , whether you are talking to friends , family , or colleagues , it is essential to understand what you can and cannot say online and the legal impact of your words .’ legal impact .
Many believe that the virtual nature of online and mobile phone communication deems what we say as unimportant and legally irrelevant ; this is simply untrue . The law takes a clear stance on anti-social communication through what the legislation calls carriage services .
Carriage services are defined in the Telecommunications Act 1997 as services that carry communication by means of guided and / or unguided electromagnetic
Consider the tone and content of the message and remember that not everyone will interpret what you are saying exactly how you meant it to be interpreted .
energy . Such services include phone calls and texts , social media messaging such as Facebook and Instagram , emails , and even work and video game communication platforms such as Microsoft Teams and Discord .
The Criminal Code Act 1995 outlines three things you must not do when communicating on your phone or online . The first is section 474.15 ( 1 ), using a carriage service to make a threat to kill . Under this section , you must not intentionally threaten to kill the person you are talking to or another third person .
The second is section 474.15 ( 2 ), using a carriage service to make a threat to cause serious harm . Under this offence , you must not threaten to seriously harm the person you are talking to or another person . It is essential to know that the courts do not need to believe that a person receiving a threat feared it would be carried out . All that is important is that the person who made the threat intended it to cause fear that harm might be done .
Finally , a person must not use a
carriage service to menace , harass or cause offence , section 474.17 . Under this section , the court will look to see if a reasonable person would consider your actions to be menacing , harassing or offensive . The most common offences under this section may include :
• Messaging or calling someone excessively .
• Sending someone messages that may be considered threatening .
• Sending someone unsolicited images that make them feel unsafe or uncomfortable .
Therefore , next time you become upset with a family member or colleague who you cannot see face to face , consider how the messages you send them are framed . Consider the tone and content of the message and remember that not everyone will interpret what you are saying exactly how you meant it to be interpreted .
Also , remember that you can act
Photo by Ketut Subiyanto from Pexels
if something that has been sent to you makes you feel genuine fear or discomfort .
NB : Nicholas Fisher is an intern at law under the supervision of Katherine Hawes , the Principal Solicitor of Digital Age Lawyers .
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If you ’ ve recently bought a new caravan , then the ACCC wants to hear from you .
More than 1,300 complaints have been lodged with the Australian Competition and Consumer about the caravan industry within five years .
Common complaints include retailers selling new caravans that do not meet consumer guarantees , and faults leading to disputes between manufacturers and retailers about which party is responsible for the cost of repairs .
“ The caravan industry has experienced strong sales growth in recent years , and this is expected to increase as more Australians choose to travel domestically rather than overseas due to the ongoing pandemic ,” ACCC Deputy Chair , Delia Rickard , said .
“ We are looking for further information from consumers and industry about the issues they have had with their caravans and their experience trying to get their concerns fixed . This information will help to inform our future work , including possible enforcement action .”
The ACCC has published separate
surveys for purchasers and retailers of new caravans .
The purchaser survey focuses on the sales process and whether consumers had any subsequent faults with their new caravans , and , if so , whether they were able to have these resolved under the warranty or the consumer guarantees under the Australian Consumer Law .
The retailer survey focuses on any disputes with consumers about warranties and consumer guarantees , and whether retailers have had any indemnification disputes with manufacturers .
Both surveys are available at the ACCC consultation hub and will remain open until 10 December 2021 at the accc . gov . au website .
“ If you are a retailer of new caravans or a consumer who has purchased a new caravan , please take the time to complete the survey ,” Ms Rickard said . “ Empowering consumers and improving industry compliance with consumer guarantees , with a focus on high value goods including motor vehicles and caravans , is a current compliance and enforcement priority for the ACCC .”
24 ISSUE 09 // DECEMBER 2021 theindependentmagazine . com . au BLACKTOWN CITY INDEPENDENT