An ex, a former friend, someone you barely know. They’ve got photos, messages or personal details of yours and they’re posting them, sending them around, or threatening to. It’s one of the most violating things that can happen to a person.
First: this is not your fault. Second: you can act today.
It’s a crime, not just “drama”
Sharing intimate images without consent is a criminal offence in every Australian state and territory, and under the Commonwealth Criminal Code (using a carriage service to menace or harass, and specific image-based abuse offences). Penalties run to years in prison. Threatening to share them is also an offence, even if they never actually do it.
Sharing other private information, such as your address, medical details or private messages, to harass or intimidate you can amount to stalking, intimidation or menacing use of a carriage service depending on your state.
Use the eSafety Commissioner
Australia has a dedicated regulator for this. The eSafety Commissioner can issue removal notices to platforms and to the individual under the Online Safety Act 2021. Platforms must remove intimate images within 24 hours of a notice. Individuals who ignore a removal notice face civil penalties of over $100,000. Report at esafety.gov.au. It’s free and fast.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
The Cease and Desist letter
Alongside the eSafety report, a formal Cease and Desist letter to the person doing this puts them on notice. It tells them, in writing:
- Their conduct is a criminal offence (cite the specific law in your state)
- It’s also a civil wrong: breach of confidence, and potentially defamation if the material is accompanied by false claims
- They must immediately delete all copies, take down all posts, and cease all contact
- You will report to police, eSafety and pursue civil action if they don’t comply
The letter also creates a written record you can give to police or eSafety.
Breach of confidence: your civil claim
Australian courts recognise a claim for breach of confidence where private information (including intimate images) is shared without consent. The Wilson v Ferguson case in Western Australia awarded damages for exactly this. You can seek an injunction ordering removal and compensation for distress.
Protect yourself right now
- Screenshot everything before it disappears, including URLs and dates
- Do not engage or negotiate with them
- Report to police and get an event number
- Consider an intervention or apprehended violence order if you feel unsafe
Why speed matters
Every hour that material is online, it can be downloaded, screenshotted and re-shared somewhere you can’t reach. The eSafety report and the letter should go out the same day.
Claim Done drafts your Cease and Desist for $49. Done in about 5 minutes. You approve it before it is sent.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Cease & Desist drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Cease & Desist from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=cease-and-desist. Claim Done is not a law firm and does not give legal advice.
How much does a Cease & Desist cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Cease & Desist in Australia?
No. There is no legal requirement to use a solicitor to write or send a Cease & Desist; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Cease & Desist template doesn't?
It drafts the Cease & Desist from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.