Explained | Why Is Australia Moving To Criminalize Doxxing, And What Are The Dangers?

The internet is being increasingly recognized as a dangerous place, with doxxing becoming a common practice, where personal information is maliciously released online without consent. In Australia, the latest targets are the Jews, with personal details of hundreds of Jewish people being leaked online by pro-Palestine groups. So much so that the Australian government has stepped in and decided to outlaw doxxing.

To strengthen personal privacy protections, the country will criminalize doxxing under the proposed new federal legislation. Australia's Attorney-General Mark Dreyfus stated that the proposed laws, which have yet to be drafted, would involve issuing take-down notices to social media platforms and imposing fines for the intimidation tactic.

What is doxxing?

One form of invasion of personal privacy online that can have a devastating effect is doxxing. According to the Australian government's online safety watchdog, doxing is defined as the "intentional online exposure of an individual's identity, private information or personal details without their consent."

The International Encyclopedia of Gender, Media, and Communication, describes doxxing as the intentional revelation of a person's private information online without their consent, often with malicious intent. This could include sharing phone numbers, home addresses, or other private information like personal photos, which could reveal the identity of the victim, potentially exposing them to more harassment and humiliation.

According to a report by CNN, some victims could also face threats like stalking and unwanted encounters in person. "Doxxing" is internet slang for "dropping documents". It's an early hacking term that dates back to the Web 1.0 era when cybercriminals would store the victim's information in a word document.

As years went by, word files were abbreviated to .docx, giving birth to the term doxxing. According to cybersecurity firm Kapersky, doxxing has been around since the 1990s and was originally a form of online attack used by hackers.

Why has Australia decided to ban doxxing?

After the names of 600 Jewish Australians from a group chat discussing Gaza were leaked by pro-Palestine activists, the decision to criminalize doxxing has been made by the Australian government.

The government was prompted by Nine Entertainment news reports last week, indicating that pro-Palestinian activists had published the names, images, professions, and social media accounts of Jewish individuals working in academia and creative industries.

A nearly 900-page transcript, leaked from a private WhatsApp group formed last year by Jewish writers, artists, musicians, and academics, was distributed. The transcript was accompanied by a spreadsheet containing the names and other personal details of almost 600 people, purportedly the group's membership, according to a report by The Associated Press (AP).

However, author Clementine Ford, one of several activists who posted links to the leaked information, stated that it should not be considered doxxing. "This chat demonstrated extremely organized moves to punish Palestinian activists and their allies," Ford posted on Instagram.

What will be the punishment for doxxing in Australia?

The proposed new federal law, overseen by Attorney-General Mark Dreyfus as part of a long-running review of the Privacy Act, will see doxxing made a criminal offence punishable by jail time. Additionally, fines for intimidation and the issuance of take-down notices to social media platforms will be involved in the laws.

The strengthening of Australian protections against hate speech is noted by Dreyfus, although he provided scant detail about how the laws would operate.

On Monday, it was stated by Australian Prime Minister Anthony Albanese on a radio station that he has requested the Attorney-General to bring forward legislation in response to the Privacy Act review, including laws dealing with so-called doxxing, which is essentially the malicious publication of private information online.

According to VICE, Albanese stated last week, "The targeting of people because they happen to be Jewish is just completely unacceptable. It has got to stop. It must stop." The proposed law is anticipated to receive bipartisan support and be passed.

Which other countries have laws against doxxing?

In the United States, laws on doxing vary by state. In 2022, a bill outlawing doxing was passed in Nevada, permitting victims to bring civil action against perpetrators. In California, cyber harassment, including doxing to endanger others or their immediate family, can result in a jail term of a year, a fine of $1000, or both.

In the United Kingdom, there are guidelines for prosecutors to handle cases, particularly those involving violence against women, which include the threat to post personal information or private images on social media without consent. The punishments vary, as reported by CNN.

Singapore enacted laws in 2014 outlawing most forms of intentional harassment, including doxing. Offenders can face fines of up to SGD $5,000 and/or imprisonment for up to six months, according to the report. In Hong Kong, the data privacy law was amended in 2021 to include doxing. Violators may face jail sentences of up to five years and fines of up to HK$1 million.

India is currently working on a new set of rules to criminalize deliberate misinformation and doxing as part of legislation to govern the country's digital ecosystem. This legislation, known as the Digital India Act, is set to replace the IT Act, of 2000, which is over two decades old.