Cyberbullying and other modern forms of harassment and intimidation can have a devastating impact on people, especially children and teenagers.
Harmful digital communications can take a variety of forms. They include when someone uses the internet, email, apps, social media or mobile phones to:
To address this problem the District Court has a new civil process that will provide a speedy, efficient and relatively cheap legal avenue for dealing with serious or repeated harmful digital communications.
The court will deal with cases where it’s alleged someone has or will suffer harm, and will look into whether there’s been a serious breach, a threatened serious breach or a repeated breach of one or more of the 10 communication principles outlined in the Act.
The Act also contains a number of safeguards to balance reduction of harm with people’s rights to free speech.
If you have been affected by some form of harm that has or will cause you serious emotional distress then you can apply to the courts for a harmful digital communications order.
If you have received a letter from the court telling you somebody has applied for court orders to be made against you or that an interim order is in place then you will have an opportunity to respond and be heard on that application.
Safe harbour provisions have been put in place to protect online content hosts. If you own a website or app that people can post content on then you may be legally responsible for their actions.