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Criminal & traffic law

Going to the police: When the criminal law can help with harassment

Criminal offences under the Harmful Digital Communications Act

Intentionally causing harm through “digital communications”

Harmful Digital Communications Act 2015, s 22(1); s 4 (definitions of “digital communication,” “posts a digital communication”)

It’s a criminal offence for someone to cause you serious emotional distress by posting a “digital communication” if they intended to cause you harm. The other person can only be convicted if an ordinary reasonable person in your position would have been harmed by what happened (see below).

The term “digital communication” covers the full range of online, electronic and digital communications. It can include sending you text or emails, or posting online comments about you on Facebook, Twitter or other social media sites or in an online forum or blog, or posting intimate photographs or video of you online (as “revenge porn” for example).

Factors the judge will consider

Harmful Digital Communications Act 2015, s 22(2)

In deciding whether an ordinary reasonable person in your position would have been caused serious emotional distress by what happened, the judge can take into account:

  • how extreme the language was (if it involved language)
  • how old you are and your other characteristics
  • whether the post, message or other communication was anonymous
  • whether it was repeated
  • how many people saw it
  • whether it was true or false (if it was a statement)
  • the context in which the communication appeared.

What the penalty for this offence?

Harmful Digital Communications Act 2015, s 22(3)

If the person is convicted, they can be jailed for up to two years or fined up to $50,000. If it’s a company, it can be fined up to $200,000.

Next Section | Sexual harm

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Bullying, harassment and sexual harm

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Victims Information

Victims Information is managed by the Ministry of Justice and provides links to a range of services available to help victims deal with the practical and emotional effects of the crime.

Website: www.victimsinfo.govt.nz
Phone: 0800 650 654

NZ Police

The police provide a list of phone counselling services and websites that can help victims of bullying and cyberbullying.

Website: www.police.govt.nz/about-site/other-sites/no-bully-website

Harassment and bullying in the workplace

The Worksafe New Zealand website has information and guidance about workplace bullying.

Website: www.worksafe.govt.nz/topic-and-industry/bullying-prevention-toolbox

Te Kāhui Tika Tangata/Human Rights Commission

The Human Rights Commission website provides information about human rights in Aotearoa and outlines how you can make a complaint to the Commission.

Website: tikatangata.org.nz or www.hrc.co.nz
Email: infoline@hrc.co.nz
Phone: 0800 496 877 (0800 4 YOUR RIGHTS)

Information on racial harassment: www.hrc.co.nz/files/6714/2354/5062/24-Nov-2009_16-20-38_RacialHarassment-web.pdf

To make a complaint online, download a complaint form or find out more about the complaints process: tikatangata.org.nz/resources-and-support/make-a-complaint

YouthLaw Aotearoa

YouthLaw provides free legal advice for young people throughout New Zealand. Their website provides great information for young people about the law around harassment and bullying.

Website: www.youthlaw.co.nz
Email: nzyouthlaw@gmail.com
Phone: 0800 UTHLAW (0800 884 529)

Cyberbullying

NetSafe

NetSafe provides free and confidential help if you’ve been bullied, abused or harassed online. NetSafe has been appointed by the government to be a free information service and complaints agency under the Harmful Digital Communications Act.

Website: www.netsafe.org.nz
Email: help@netsafe.org.nz
Phone: 0508 NETSAFE (0508 638 723)
Text: “Netsafe” to 4282

Ministry of Justice – applying for a Harmful Digital Communications Order

See the Ministry of Justice website for information about applying to a District Court judge for a “take down” order or other type of action when you’ve suffered serious emotional distress because of cyberbullying.

Website: www.justice.govt.nz/courts/civil/harmful-digital-communications/applying-for-a-harmful-digital-communications-order

NOTE: Before you apply to the court you must have complained to NetSafe.

Support for sexual harassment and assault

Wellington Rape Crisis

Wellington Rape Crisis provides free social work and counselling services to survivors, along with their friends, family, whānau and supporters.

Website: wellingtonrapecrisis.org.nz
Phone: 04 801 8973
Email: support@wellingtonrapecrisis.org.nz

HELP

HELP has been Auckland’s specialist provider of sexual abuse support services since 1982.

Website: www.helpauckland.org.nz
Email: gethelp@helpauckland.org.nz
Phone: 0800 623 1700
Instagram: www.instagram.com/helpauckland

Male Survivors of Sexual Abuse Aotearoa

Male Survivors of Sexual Abuse Aotearoa aims to enable all male survivors of sexual abuse to access a national network of a high quality support services.

Website: malesurvivor.nz

Contact your local support organisation: malesurvivor.nz/contact

Safe to Talk

Safe to Talk offers free confidential contact with a trained specialist at any time, day or night, seven days a week.

Website: safetotalk.nz
Email: support@safetotalk.nz
Phone: 0800 044 334
Text: 4334

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