Question 1

What counts as a "carriage service"?

Accepted Answer

A carriage service is any service for carrying communications by means of guided or unguided electromagnetic energy — as defined in the Telecommunications Act 1997 (Cth). In practice, this covers phone calls, SMS, email, social media platforms (Facebook, Instagram, X, TikTok, Snapchat), messaging apps (WhatsApp, Telegram, Signal), voicemail, and any other form of electronic communication. If the communication was sent over the internet or a phone network, it was sent via a carriage service.

Question 2

Someone hacked my account and sent the messages — is that a defence?

Accepted Answer

If the prosecution cannot prove that you were the person who used the carriage service, the charge fails on element (a). However, raising this defence requires more than assertion — evidence of the hack, such as forensic analysis of the account or device, login records from unfamiliar locations, or evidence of compromise, will be needed to support the claim. Sacha will advise on what evidence would be required and whether the defence is viable on the material available.

Question 3

Can I go to jail for sending offensive messages?

Accepted Answer

Yes. The maximum penalty for s 474.17 is 5 years imprisonment on indictment and 12 months if dealt with summarily. Whether imprisonment is actually imposed depends on the nature and volume of the communications, whether there is a pattern of conduct, and your personal circumstances. For a first offence involving a small number of communications and no threats of violence, imprisonment is unlikely. For sustained harassment campaigns, it is a real possibility.

Question 4

I posted something offensive on social media — can I be charged?

Accepted Answer

Yes. Section 474.17 covers communications made via any carriage service, including social media posts. However, the post must reach the threshold of "menacing, harassing or offensive" as judged by reasonable persons in all the circumstances. Not every rude, inflammatory, or provocative post meets that threshold. The High Court in Monis v The Queen (2013) 249 CLR 92 confirmed that "offensive" requires serious offensiveness, not merely content that people find distasteful.

Question 5

Will this charge go to the District Court?

Accepted Answer

It can. Section 474.17 is technically an indictable offence. It is dealt with in the Magistrates Court only if both the prosecution and the defendant consent to summary disposition under s 4J(1) of the Crimes Act 1914 (Cth). If either party withholds consent, the matter proceeds on indictment in the District Court with the full 5-year maximum. In practice, most s 474.17 charges are dealt with summarily — but the District Court pathway exists, and it affects the penalty exposure significantly.

Question 6

I hold a professional registration — what happens if I'm convicted?

Accepted Answer

Most regulated professions — health (AHPRA), law, education, financial services, government roles — require disclosure of criminal charges or convictions. A conviction under s 474.17 can trigger mandatory reporting obligations, investigation by the relevant board, and in some cases suspension or cancellation of registration. These consequences often matter more than the sentence itself. Sacha addresses professional registration exposure in every matter where it is relevant.

Online Harassment & Carriage Service Offences — Fixed Fee

What Is Included

What These Charges Cover

What the Prosecution Must Prove

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