The Legal Light Justin Stack Victim of cyberbully wins APVO court case Sadly, cyberbullying is happening more and more, despite laws aimed at protecting minors and adults from online abuse. But now, for what is believed to be the first time, a person has won a court battle enabling an Apprehended Personal Violence Order (APVO) to be used to combat not only physical violence and abuse, but also cyberbullying. Stacks Law Firm's Courtney Fermor says the case involved a transgender woman who was abused online for playing in a country town's women's soccer team. "She had been playing community soccer in women's teams for 25 years, but in 2023 an anti-transgender campaigner began a social media campaign against her playing in a women's team, and invited others to join in the online campaign levelled at her," Ms Fermor said. "The posts included a photograph of the player, not naming her, describing her as a 'bloke in a frock', and calling on soccer authorities to ban transgender women from women's football. "The post on Twitter (now X) asked local men to get behind the campaign to ban her from the team. The posts garnered 39,100 views, 116 re-tweets and 439 likes. The campaigner also posted the message on the site of anti-transgender group Binary Australia, where 190 people 'liked' it. Copies were sent to various politicians and media." The player appealed to the Local Court to issue an APVO to stop the campaigner harassing her online. She feared for her safety because the posts identified her and named the town she lived in. The campaigner argued she was merely expressing her opinion on transgender people playing in women's teams. The Local Court found while the posts were unpleasant, they did not reach the level of harassment or severity of fear required for the court to intervene. The player appealed to the District Court where she won. The judge found that without intervention, the online harassment would continue and cause fear. The campaigner appealed, and the Court of Appeal recently supported the decision to grant the APVO. "The campaigner had argued the right to free speech as implied in the Constitution, but the Court of Appeal ruled online abuse can have damaging mental health effects on individuals. The appeal judges agreed the laws on APVOS in NSW do contemplate online conduct," Ms Fermor said. "This decision could open the doors for victims of online bullying to pursue their abusers in court to obtain APVOs against the bullies. "Victims of abuse should get legal advice on whether in their particular circumstances, they could pursue APVOs not only to combat physical violence or threats, but also threats, abuse or intimidation via social media," Ms Fermor said. STACKS LAW FIRM Tim Stack Commercial Lawyer 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Victim of cyberbully wins APVO court case Sadly , cyberbullying is happening more and more , despite laws aimed at protecting minors and adults from online abuse . But now , for what is believed to be the first time , a person has won a court battle enabling an Apprehended Personal Violence Order ( APVO ) to be used to combat not only physical violence and abuse , but also cyberbullying . Stacks Law Firm's Courtney Fermor says the case involved a transgender woman who was abused online for playing in a country town's women's soccer team . " She had been playing community soccer in women's teams for 25 years , but in 2023 an anti - transgender campaigner began a social media campaign against her playing in a women's team , and invited others to join in the online campaign levelled at her , " Ms Fermor said . " The posts included a photograph of the player , not naming her , describing her as a ' bloke in a frock ' , and calling on soccer authorities to ban transgender women from women's football . " The post on Twitter ( now X ) asked local men to get behind the campaign to ban her from the team . The posts garnered 39,100 views , 116 re - tweets and 439 likes . The campaigner also posted the message on the site of anti - transgender group Binary Australia , where 190 people ' liked ' it . Copies were sent to various politicians and media . " The player appealed to the Local Court to issue an APVO to stop the campaigner harassing her online . She feared for her safety because the posts identified her and named the town she lived in . The campaigner argued she was merely expressing her opinion on transgender people playing in women's teams . The Local Court found while the posts were unpleasant , they did not reach the level of harassment or severity of fear required for the court to intervene . The player appealed to the District Court where she won . The judge found that without intervention , the online harassment would continue and cause fear . The campaigner appealed , and the Court of Appeal recently supported the decision to grant the APVO . " The campaigner had argued the right to free speech as implied in the Constitution , but the Court of Appeal ruled online abuse can have damaging mental health effects on individuals . The appeal judges agreed the laws on APVOS in NSW do contemplate online conduct , " Ms Fermor said . " This decision could open the doors for victims of online bullying to pursue their abusers in court to obtain APVOs against the bullies . " Victims of abuse should get legal advice on whether in their particular circumstances , they could pursue APVOs not only to combat physical violence or threats , but also threats , abuse or intimidation via social media , " Ms Fermor said . STACKS LAW FIRM Tim Stack Commercial Lawyer 02 6592 6592 taree.stacklaw.com.au Partners in life