New Zealand
New Zealand Online Safety Law: Harmful Digital Communications
New Zealand has a dedicated law for serious online harm: the Harmful Digital Communications Act 2015. It works alongside the older civil law of defamation and the Privacy Act, and it gives ordinary people a faster route than a court to get harmful posts taken down. This section links to the detailed guides.
This is general information about New Zealand law, not legal advice. For your own situation, consult a lawyer or your local Community Law centre.
What the law does
The Harmful Digital Communications Act 2015 sets out communication principles that a digital post should not breach, names Netsafe as the approved agency that handles complaints first, and gives the District Court power to order takedowns and other remedies. In the most serious cases, posting a communication with intent to cause harm is a criminal offence.
Because an online post can be both harmful under this Act and defamatory, the two regimes overlap. Our guides on New Zealand defamation law and New Zealand recording law cover the neighbouring rules on reputation and on recording a private communication. For how online safety fits with the rest of New Zealand's everyday law, see the New Zealand law guide.
Frequently Asked Questions
What is the Harmful Digital Communications Act?
It is a 2015 New Zealand law aimed at serious online harm, such as harmful or threatening posts, cyberbullying, and the sharing of intimate images without consent. It sets out communication principles, gives Netsafe a role in resolving complaints, and lets the District Court order content removed. It works alongside the civil law of defamation rather than replacing it.
How do I get a harmful post taken down in New Zealand?
The usual first step is to contact Netsafe, the government-approved agency under the Act, which can try to resolve the matter and work with the person or platform. If that does not resolve it, an application can be made to the District Court, which can order the content taken down and order the person to stop. This is general information, not legal advice on a specific case.
Can you be prosecuted for a harmful post?
Yes. Causing harm by posting a digital communication can be a criminal offence under the Act, with penalties of up to two years' imprisonment or a fine of up to $50,000 for an individual. Whether conduct meets the legal test is a matter for the courts.
Sources and References
- Harmful Digital Communications Act 2015 (New Zealand)(legislation.govt.nz).gov