Catfishing & the Online Safety Act

20 July 2025 in Criminal Law | 6 min read | skip to FAQs

This article examines catfishing, Carly’s Law and the Online Safety Act 2021 (Cth). Catfishing is a deceptive practice used online that involves creating false identities to trick someone into a relationship, usually for personal gain. It can be used by paedophiles to procur or groom minors.

Is Catfishing Illegal in NSW?

While the act of catfishing may be cruel and unethical, it is not an offence in Australia. However, there are offences that are related to catfishing that are illegal, such as fraud, stalking, using a carriage service to menace, harass or offend, and procuring or grooming minors. The penalties for these offences include large fines and lengthy terms of imprisonment.

Fraud

Section 192E of the Crimes Act 1900 (NSW) provides that it is an offence to deceive someone with the intention of fraudulently obtaining property or financial advantage. This can include using fake profiles, images, or personal information to deceive any other person, the penalty for this offence can include fines or imprisonment of up to 10 years.

To Prove Fraud

To prove fraud, the prosecution needs to prove beyond a reasonable doubt that the accused:

1. Used deception, acted dishonestly; and
2. Their actions gave them a financial advantage over another person’s property, or caused them to suffer a financial disadvantage; and
3. Their actions were intentional or reckless

Misleading or Deceptive Conduct

Australian Consumer Law (ACL) is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) also prohibits misleading or or deceptive conduct in trade or commerce. The ACL can be used by the Australian Competition and Consumer Commission (ACCC) to prosecute individuals who engage in catfishing activities that result in financial harm to the victim, such as deceiving them into sending money or buying fake goods. Any person who is the victim of misleading or deceptive conduct may also take civil legal proceeding against the perpetrator.

Stalking

Stalking is a serious crime under NSW law; stalking refers to a pattern of behaviour where someone repeatedly harasses or intimidates another person with the intent to cause them to fear physical or mental harm. Pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) the offence carries a maximum penalty of five (5) years imprisonment, in serious cases, the offender may also face additional charges for related crimes such as assault or threats to harm.

Using a Carriage Service to Menace, Harass or Offend

Pursuant to the Criminal Code Act 1995 (Cth) it is an offence for an individual to use a carriage service such as a telephone or the internet to harass people and distribute offensive material. Examples of this behaviour include sending threatening or abusive messages or spreading offensive or obscene material online. This behaviour is often associated with catfishing and is used by individuals who engage in catfishing to intimidate and harass their victims.

To Prove Using a Carriage Service to Menace, Harass or Offend

The offence is set out in section 474.17 of the Criminal Code Act 1995 (Cth) and provides that a person commits an offence if:

1. The person uses a carriage service; and
2. The person does so in a way that reasonable persons would regard as being menacing, harassing or offensive.

It carries a penalty of five (5) years imprisonment. It is important to note that the conduct must be intentional, and the offence applies regardless of whether the victim was actually distressed or offended by the conduct.

Procuring or Grooming Minors

In some cases where individuals engage in catfishing activities, they may also be committing criminal acts such as procuring and grooming minors. Under section 66EB of the Crimes Act 1900 (NSW) it is an offence to intentionally procure or groom children under the age of 16.

Procuring is the act of encouraging or assisting someone to engage in illegal or immoral behaviour. In the context of catfishing, procuring may refer to the act of encouraging a minor to engage in sexual activities, or to send explicit images or videos of themselves. The maximum penalty for procuring is 12 years imprisonment, or 15 years if the victim is under 14 years of age.

Grooming, on the other hand, refers to the process of building trust and a relationship with a minor with the intention of later engaging in sexual activity with the minor. This can include sending explicit messages, images or videos, or encouraging any minor to engage in sexual activity. The maximum penalty for grooming is 10 years imprisonment, or 12 years if the child is under 14 years of age.

Carly’s Law

In 2017 the Australian Parliament passed the Criminal Code Amendment (Protecting Minors Online) Bill, also known as “Carlys Law”. The bill aimed to safeguard children from online predators. The law was named after Carly Ryan, a 15-year-old girl who was murdered by a paedophile she met online in 2007. It empowers police to actively monitor and examine potential child exploitation incidents on the internet.

Carly’s Law

This is embodied in section 474.25C of the Criminal Code Act 1995 and imposes a maximum sentence of 10 years imprisonment for any adult who uses a carriage service to commit, or plan to commit, any of the following acts against any person under the age of 16:

1. Cause harm; or
2. Procure sexual activity; or
3. Engage in sexual activity.

The law provides police with the tools they need to investigate and prevent crimes such as online grooming, child exploitation, and child abuse. This includes the ability to obtain search warrants, access electronic devices, and intercept communications. Furthermore, police are empowered to use various forms of surveillance to gather evidence in relation to individuals suspected of committing an offence.

New Online Protection Laws passed by Government 2024

In November of 2024 the Commonwealth Government passed the Online Safety Amendment (Social Media Minimum Age) Bill 2024. The new amendments under the Online Safety Act 2021 (Cth) require that users of social media are of a minimum age of 16 years.

The Government has introduced obligations that providers of social media platforms take reasonable steps to prevent children who have not reached the age of 16 years from having accounts on their platforms. The stated objective of the amendment is to reduce the risk of harm to “age-restricted” users of social media.

The Act provides that age-restricted social media platforms can be classified as an electronic service that:

1. Has the sole purpose, or significant purpose, of enabling online social interaction between 2 or more users; or
2. The service allows users to link to, or interact with, some or all of the other users; or
3. The service allows users to post material.

The Act also provides that social media platforms can face civil penalties of 30,000 penalty units for failing to take reasonable steps to prevent age-restricted users from having accounts on the platform.

These laws will come into effect on 10 December 2025, and the Commonwealth Government is hoping they provide more protection to minors from abuse arising from the internet.

How Can BSM Sydney Lawyers assist you?

The expert criminal lawyers at Brander Smith McKnight Sydney Lawyer are experienced in privacy law, criminal law, and evidence matters. We can give you advice on whether online activity constitutes an offence or assist you if you are charged with an offence. The criminal lawyers at BSM Lawyer Sydney offer a free 20-minute consultation to discuss your case.

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