NZ Cyberbullying Laws

NZ Cyberbullying Laws: In August 2012 the New Zealand Law Commission released its report on Harmful Digital Communications. This report has many recommendations on how to stamp out the problem, which is also linked to self-harm and suicides.

WebSafety NZ applaudes the report and say it is a long time coming, and will go far in helping address the issues. The Government is finally taking cyberbullying seriously and we are very pleased.

In a nutshell, the details are:

· A new electronic communications offence for those aged 14 and older.

· The establishment of a Communications Tribunal as a ‘mini-harrassment’ court.

· New legal requirements for schools to combat cyberbullying.

· Should require schools to implement effective cyber-bullying programs.

· The law will involve a new offence targeting digital communication that is grossly offensive or indecent, obscene or menacing and which causes harm. This will also address instances where Facebook pages are setup to ridicule another, whether a student or teacher.

· Make it an offence to incite a person to commit suicide, whether the person does it or not.

The law will include potential imprisonment of up to 3 months or a fine of up to $2000.

The report proposes amendments to the Harassment Act 1997, the Human Rights Act 1993, the Privacy Act 1993 and the Crimes Act 1961 to ensure that the provisions of these Acts can be readily applied to digital communications.

It would also be an offence to publish intimate visual recordings of another person without their consent.

Complaints would be first referred to an approved agency, such as Netsafe.

We will be watching carefully, for more details as to how this will evolve, and when it will be implemented into NZ law.