A common misconception is that people who engage in cyberbullying, online harassment or harmful digital communications can hide behind anonymous social media accounts and online profiles without consequence.
In many cases, this is not correct.
The Harmful Digital Communications Act 2015 (“HDCA”) gives the District Court significant powers to require information to be disclosed where it is necessary to identify the person responsible for harmful online communications. This can be a powerful tool where abusive, threatening, defamatory or harassing content has been posted anonymously, and an individual has or is likely to suffer serious harm as a result.
The Problem with Anonymous Online Abuse
Many harmful digital communications are posted using fake social media accounts, anonymous email addresses, pseudonyms or online profiles that do not reveal the identity of the person responsible.
Victims are often left feeling powerless because they know harmful content is being published but do not know who is behind it.
Anonymous online communications can take many forms, including cyberbullying, online harassment, threatening or intimidating messages, false allegations, revenge campaigns by former partners, employees or associates, anonymous social media pages targeting an individual, fake review campaigns, and the publication of private or sensitive information.
While anonymity can make matters more complicated, it does not prevent legal action.
Can the Court Order Disclosure of an Anonymous User’s Identity?
Under the HDCA, the District Court may make orders requiring information to be disclosed where this is necessary to identify the author of a harmful digital communication.
Depending on the circumstances, orders may be sought against social media platforms, website owners, internet service providers, email service providers, or other individuals and organisations that hold relevant identifying information.
The information disclosed may assist in identifying the person responsible for the communication and allow further legal action to be taken.
What Information Can Be Obtained?
The information available will depend on the platform involved and the records retained by that platform. However, it may include the registered names, email addresses, telephone numbers, IP addresses, login history, account registration details and any other identifying account information held.
Any information obtained from the source may ultimately lead to identification of the responsible individual.
Are Disclosure Orders Automatically Granted?
The Court must balance a number of competing interests, including privacy rights, freedom of expression and the need to prevent or mitigate harm.
Applicants will generally need to demonstrate that:
- A harmful digital communication has occurred;
- They have suffered, or are likely to suffer, harm; and
- The information sought is necessary to identify the responsible individual.
Each case will be assessed on its own facts.
What Should You Do If You Are Being Targeted by an Anonymous User?
If you are experiencing anonymous online harassment or cyberbullying, it is important to preserve all available evidence as soon as possible.
This may include:
- Screenshots of posts and messages;
- URLs and web links;
- Usernames and profile details;
- Dates and times of communications; and
- Any information that may assist in tracing the source of the content.
Victims must also make a complaint to Netsafe, which is the approved agency under the HDCA. Netsafe may be able to assist with resolving the matter directly. If Netsafe’s efforts to resolve the matter are unsuccessful, it will provide a report that is generally required before an application can be filed in the District Court.
How We Can Help
Ashley Smith regularly acts for victims of cyberbullying, online harassment and harmful digital communications throughout New Zealand. Ashley has successfully obtained Court orders requiring international online platforms and content hosts to disclose information relating to anonymous users, enabling clients to identify those responsible and seek further legal remedies. If you have been targeted by an anonymous online user, we can assist with disclosure orders, the Netsafe process and District Court applications under the Harmful Digital Communications Act 2015.
