If you are experiencing cyberbullying, online harassment, social media abuse, threatening messages, revenge posts, or other harmful online communications, the Harmful Digital Communications Act 2015 (“Act”) provides a legal pathway to have harmful content removed and to stop ongoing online abuse.
The purpose of the Act is to prevent, deter and mitigate harm caused by harmful digital communications and to provide victims with a quick and effective means of obtaining relief. Unlike defamation proceedings, the Act focuses primarily on the removal of harmful online content and preventing further harm, rather than awarding monetary compensation.
Under the Act, “harm” means serious emotional distress. The harm must be more than trivial, and the Court will consider the nature, context and effect of the communication when deciding whether that threshold has been met.
A digital communication includes any electronic communication, such as:
- Social media posts and comments;
- Facebook, Instagram, TikTok and X (formerly Twitter) content;
- Text messages and emails;
- Online reviews and forum posts;
- Photographs, videos and recordings;
- Private messages and group chats; and
- Any other content communicated electronically.
Applications under the Act may be made by:
- An individual who has suffered, or is likely to suffer, harm as a result of a digital communication;
- A parent or legal guardian on behalf of an affected individual;
- The principal of a registered school in certain circumstances; or
- The Police where there is a threat to the safety of the affected individual.
Although businesses and companies cannot generally bring claims under the Act, directors, shareholders and employees who are personally targeted by harmful online content may, in some circumstances, be able to seek relief.
How to Make a Harmful Digital Communications Application
If you have been the victim of cyberbullying, online harassment or harmful online content, it is important to preserve all available evidence, including screenshots, URLs, messages and recordings.
Before filing an application with the District Court, you must first obtain a report from Netsafe, New Zealand’s approved agency under the Act. Netsafe will assess the complaint against the communication principles set out in the Act and may attempt to resolve the matter through communication, mediation or negotiation with the individual or platform responsible for the content.
While Netsafe can assist in seeking the removal of harmful content, it cannot compel a person or online platform to remove material. If the complaint cannot be resolved, Netsafe will issue a report that can be used to support a District Court application.
What Orders Can the Court Make?
The District Court has broad powers to address cyberbullying and harmful digital communications. The Court may:
- Order the removal of harmful online content;
- Require a person to cease posting harmful communications;
- Prevent a person from encouraging others to engage in online harassment or cyberbullying;
- Order the publication of a correction or right of reply;
- Require a public apology; and
- Make any other order necessary to prevent or reduce ongoing harm.
Court orders made under the Act are legally binding. Failure to comply with an order can result in significant penalties, including fines and criminal sanctions.
Legal Assistance for Cyberbullying and Online Harassment
We assist clients throughout New Zealand with cyberbullying claims, harmful digital communications applications, online harassment disputes, social media defamation matters and urgent applications for the removal of harmful online content. We can guide you through the Netsafe process, prepare District Court applications and seek urgent orders to protect your reputation, privacy and wellbeing, including where harmful content is being directed at social media influencers or public-facing individuals.
