Harmful Digital Communications Act 2015

The Harmful Digital Communications Act 2015 of New Zealand (the “Act”) grants powers to approved agencies to receive, assess and investigate complaints about harm caused to individuals by digital communications. The purpose of the Act is to provide victims of harmful digital communications with a quick and efficient means of redress and otherwise deter, prevent and mitigate harm caused by such digital communications. The Act allows affected individuals, parents or guardians of affected individuals, professional leaders of registered schools or the police to seek an order under the District Court to compel the defendant to take down or disable material, cease or refrain from certain conduct, publish a correction or apology or provide a right of reply to the affected individual. The Act also empowers the District Court to make orders compelling an online content host to take down or disable public access to material, release the identity of an anonymous author of material or order the publication of correction or the provision of a right of reply to the affected individual. It is an offense under Section 22 of the Act where a person posts a digital communication with the intent to cause harm, the communication would cause harm to an ordinary reasonable person in the position of the victim and actual harm occurs. Under Section 22A of the Act, it is an offense to post a digital communication that is an intimate visual recording of a victim where that person knows or is reckless as to whether the victim has consented to the posting. Each of the offenses under Sections 22 and 22A prescribes a maximum sentence of 2 years or a fine not exceeding $50,000. Under Section 24 of the Act, online content hosts are insulated from civil or criminal liability where the online content host has received notice of complaint and has complied with the statutory requirements set out in Section 24(2) which include notifying the author of the complaint and disabling the specific content the subject of the complaint. Section 24(5) prohibits an online content host from disclosing any personal information about the complainant or author, except by order of a District Court Judge or High Court Judge. 

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  • 2022

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