Through websites, apps, AI, our young people are in constant connection to the cyber world. Almost half of the world is connected to the internet. For children and young people today, being online and using social media have become an integral part of their lives. Knowing what our young people are accessing and doing online is very important. In 2018 there was a survey that looked at the top social media services used the results are in the image below.

Unfortunately, some people believe when they are online there are no laws that govern what they do. This is why there is a cybersafety curriculum, so there is education in schools about navigating and keeping safe in the cyber world. In Ako and Advisory, resources will be shared and talked about this term about cybersafety and the Harmful Digital Communications Act.

View the SchoolTV report on cyber safety here.

The Harmful Digital Communications Act 2015 (the Act) tackles some of the ways people use technology to hurt others. It aims to prevent and reduce the impact of online bullying, harassment, revenge porn and other forms of abuse and intimidation. The law is in place to protect people, enforce people's rights and resolve conflicts.

The act sets out

• Measures to help people affected by harmful digital communications by providing access to a complaints agency (Netsafe) and court ordered remedies; and
• New criminal offences to penalise the most serious offenders.

What are digital communications?

Digital communications are any form of electronic communication including:

• Emails;
• Texts and pictures;
• Website content;
• Blog posts;
• Comments;
• Online forums (or “chatrooms”);
• Social networks or social media sites; and
• Phone-based apps.

These principles state that a digital communication should not:

• Disclose sensitive personal facts about an individual.
• Be threatening, intimidating, or menacing.
• Be grossly offensive to a reasonable person in the position of the affected individual.
• Be indecent or obscene.
• Be used to harass an individual.
• Make a false allegation.
• Contain a matter that is published in breach of confidence.
• Incite or encourage anyone to send a message to an individual for the purpose of causing harm to the individual.
• Incite or encourage an individual to end their life.
• Denigrate an individual by reason of colour, race, ethnic or national origins, religion, gender, sexual orientation or disability.

If there is an instance where one or more of these principals are breached then it can be considered under the HDCA and a complaint can be made to Netsafe.

Netsafe as the approved agency

Netsafe is the approved agency to take complaints of harmful digital communications and informs people about the options that are available to them to remedy the situation. Their service aims to lessen the harm caused to people targeted online by using, persuasion, mediation and negotiation to help reach a resolution for both parties involved. Netsafe cannot punish people for their actions online, or force them to take action.

Learn more about Netsafe services here.

Police role in HDCA

The act also includes criminal offences that are dealt with by the police. Under the act it can be illegal to send messages and post material online that deliberately cause somebody serious emotional distress.The main role of police is investigating these cases of “causing harm by posting digital communication”. Police and Netsafe need to ensure that any online content required as evidence is not removed or taken down prior to being captured. Generally if police are involved, then Netsafe should also be made aware of the matter. Police may also receive complaints, or identify situations where the threshold of serious emotional distress is not reached. In such cases, they can be referred back to Netsafe for them to with engage the issues identified.

Sources

New Zealand Police: Harmful digital communications act

Netsafe: Harmful digital communications act

Department of Internal Affairs: Social media platforms