Harmful digital communications

People use terms like “online abuse”, “cyberbullying” or “digital abuse” in different ways.  
 
This can include: 

• threats, harassment or bullying online
• harmful texts, emails, images, recordings, or social media posts that were sent or shared
• someone sharing or threatening to share intimate images, videos or recordings
• online abuse that is part of a wider pattern of family violence, sexual harm, stalking or harassment. 
   

You may be able to get legal protection under the Harmful Digital Communications Act 2015(external link)

Other laws may also apply, depending on your situation.  

Netsafe helps and supports people who have experienced online harm as the approved agency under the Harmful Digital Communications Act 2015.
 
If you report online harm to Netsafe, they can review and assess the complaint. Netsafe may be able to give advice or use negotiation, mediation, or persuasion, where appropriate, to help resolve your complaint. 
 
You can report online harm to Netsafe in a way that suits you:

• Website: Report online harm to Netsafe(external link)
• Email: help@netsafe.org.nz  
• Freephone: 0508 638 723
• Text: ‘Netsafe’ to 4282
   

Parents, guardians or school leaders can also report. You may be asked to provide proof of consent if you are reporting on behalf of someone else. 
 
If Netsafe can't resolve the complaint, or the resolution does not provide you with an outcome you are happy with, you can get a Netsafe summary. This confirms that Netsafe has received and assessed the complaint, and has considered what action, if any, to take.

You must be issued a Netsafe summary before you can apply to the District Court for a harmful digital communications order.  

A harmful digital communications order is a court order made by the District Court. It is a legal document that tells the person causing harm to do certain things such as take down material they have posted online.

 
A court application can be made by the person affected, or by someone else allowed under the Harmful Digital Communications Act 2015, such as:

• a parent or guardian on behalf of the person affected 
• a school leader or their delegate, if the person affected is a student and agrees 
• the Chief Coroner, in specific situations under the Coroners Act 2006(external link)
• the New Zealand Police, if someone is in danger because of online harm. 

 
A harmful digital communications order can require a person or a group of people to follow certain conditions (rules), such as: 

• take down material or disable accounts
• stop sending, posting or sharing any related material or content  
• publish a correction if something harmful or false has been shared
• give the affected person or people a chance to respond or, the ‘right of reply’
• publish an apology
• release the identity of an anonymous offender to the court
• suppress names.

If someone does not follow the conditions of the order, it may be a criminal offence.

Apply for harmful digital communications order(external link)

If someone is using technology or online spaces to threaten your safety, you can report the behaviour to police. The police will investigate and can apply directly to the court for a harmful digital communication order without going through Netsafe.  
 
If police are involved, the harmful content may be needed as evidence. If you can do so safely, you can ask the officer in charge of your case what to do before removing or taking down content.