Harmful Digital Communications Act 2015 Explained

Short Title:Harmful Digital Communications Act 2015
Legislature:Parliament of New Zealand
Date Assented:2 July 2015[1]
Date Commenced:3 July 2015
Status:current

The Harmful Digital Communications Act is a New Zealand law that regulates the occurrences 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.

A person committing 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.

Background

Cyberbullying and other forms of harmful digital communications have large impacts on people, especially those who are children, teenagers, disabled, LGBT, and seniors.[3] The Harmful Digital Communications Act was created to address the issue.[4]

History

In 2022, the act was amended, adding "intimate visual recording" being posted without consent as a form of harmful communication.[5]

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:[7]

Approved agency

See main article: articles and 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.

Notes and References

  1. Web site: Harmful Digital Communications Act 2015 No 63 (as at 09 March 2022), Public Act  - New Zealand Legislation . legislation.govt.nz . 25 July 2023.
  2. Web site: Harmful Digital Communications (HDC) . 2023-07-24 . New Zealand Police . en.
  3. Web site: 2022-07-13 . Digital harm soaring year on year . 2023-07-24 . Newsroom . en-AU.
  4. Web site: Harmful digital communications New Zealand Ministry of Justice . 2023-07-24 . www.justice.govt.nz.
  5. Web site: HARMFUL DIGITAL COMMUNICATIONS (UNAUTHORISED POSTING OF INTIMATE VISUAL RECORDING) AMENDMENT ACT 2022 . 25 July 2023 . Netsafe.
  6. Web site: 2023-07-25 . Revealed: Hundreds charged under Harmful Digital Communications Act . 2023-07-24 . NZ Herald . en-NZ.
  7. Web site: What is the Harmful Digital Communications Act? Netsafe . Netsafe.