Harmful Digital Communications Act 2015

The Harmful Digital Communications Act is a New Zealand law that prevents the occurances and impacts of issues such as online bullying, harassment, revenge porn, and other forms of digital abuse and intimidation.[2] Netsafe is the agency approved by the New Zealand Police to process complaints about harmful digital communications.[2]

Harmful Digital Communications Act 2015
Parliament of New Zealand
Assented to2 July 2015[1]
Commenced3 July 2015[1]
Status: Current legislation

A person commiting an offence under the act can face fines up to $50,000 or two years in prison. If the offender was a company, they can face fines of up to $200,000.[3]

Background

Cyberbullying and other forms of harmful digital communications have large impacts on people, especially those who are children, teenagers, disabled, LGBT, and seniors.[4] The Harmful Digital Communications Act was created to address the issue.[5]

History

In 2022, the act was amended, adding "intimate visual recording" being posted without consent as a form of harmful communication.[3]

As of 2021, more than 500 people have been charged under the act, and over 14,000 complaints have been made.[6]

Legislative features

The act defines digital communications as including:[2][7]

  • Emails
  • Texts and pictures
  • Website content
  • Blog posts
  • Comments
  • Online forums ("Chatrooms")
  • Social networks or social media sites
  • Phone-based apps
  • Voice mail messages

Approved agency
Main article: Netsafe

The New Zealand Police appointed Netsafe as the approved agency for the harmful communications act. In this position, the agency receives and accesses complains about harmful communications, investigates complaints, attempts to resolve complaints, forms relationships with foreign and domestic service providers, and provides education and policies on online safety.[7]

References
  1. "Harmful Digital Communications Act 2015 No 63 (as at 09 March 2022), Public Act – New Zealand Legislation". legislation.govt.nz. Retrieved 25 July 2023.
  2. "Harmful Digital Communications (HDC)". New Zealand Police. Retrieved 24 July 2023.
  3. "HARMFUL DIGITAL COMMUNICATIONS (UNAUTHORISED POSTING OF INTIMATE VISUAL RECORDING) AMENDMENT ACT 2022". Netsafe. Retrieved 25 July 2023.
  4. "Digital harm soaring year on year". Newsroom. 13 July 2022. Retrieved 24 July 2023.
  5. "Harmful digital communications | New Zealand Ministry of Justice". www.justice.govt.nz. Retrieved 24 July 2023.
  6. "Revealed: Hundreds charged under Harmful Digital Communications Act". NZ Herald. 25 July 2023. Retrieved 24 July 2023.
  7. "What is the Harmful Digital Communications Act? | Netsafe". Netsafe.
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