University of New South Wales Law Journal, 2017, 40(4): 1573-1603

While considerable attention has been given to various cybercrimes, such as hacking, identity theft, and online fraud, less focus has been given to the issue of technology-facilitated abuse between current and former intimate partners (‘cyber-violence’). The term cyber-violence refers to repeated abuse committed by one person (the abuser) against a current or former intimate partner through the use of digital technology.[1] It includes a range of controlling and coercive behaviours, such as threatening phone calls, cyber-stalking, location tracking via smartphones, harassment on social media sites,[2] and the dissemination of intimate images of partners without consent (‘revenge porn’).[3] The literature on non-physical forms of domestic violence [4] committed through the use of technology has slowly been emerging and there are now a few studies investigating such abuse. These studies, while limited and largely anecdotal, provide insight on the experiences of victims [5] and domestic violence practitioners dealing with cyber-violence. What is missing in the literature, however, is an examination of the case law involving technology-facilitated domestic violence. This article contributes to the literature by reviewing cases heard in Australian courts of law involving allegations of cyber-violence to shed light on the limitations of the existing legislation in addressing such abuse. (From the Introduction). Record #7061