Harmful Digital Communications Act 2015 URLs EIT, Author Gay Robertson, 2017

Prevent harm … Harmful communication is communication which is intended to cause serious emotional distress Aim of the Act is to prevent harm when electronic material is sent or published which: Is threatening Is offensive Contains damaging rumours Is sensitive Is embarrassing The Act aims to prevent ALL cyber-bullying and online harassment

Whether you’re an online host or a social media user, the new Harmful Digital Communications Act affects you. Intention of the Act To provide victims of cyber-bullying and digital harassment a quick and efficient means of redress The Act will affect individual users who generate content electronically The Act will affect those who maintain control over websites and online applications

New Criminal Offence: causing harm by posting a digital communication Under section 19 of the Act a person will commit the new criminal offence if: the person posts a digital communication with the intention that it cause harm to a victim; and posting the communication would cause harm to an ordinary reasonable person in the position of the victim; and posting the communication causes harm to the victim. Posting a digital communication means transferring, sending, posting, publishing, disseminating or otherwise communicating by means of digital communication any information about the victim or an intimate visual recording of another individual.

Continued … Digital communication” is broadly defined in the Act to include any text message, writing, photograph, picture, recording or other matter that is communicated electronically. The key element of “harm” is defined as “serious emotional distress”. It is critically important for authors (the term used in the Act) to realise that proof that the communication is true, will not be a complete defence. However, the truth or falsity of the statement is one of several factors that the Court may take into account when determining whether a post would cause harm. Other factors include the age and characteristics of the victim, the context in which the communication appeared, the extent of circulation of the communication, and the language used. This offence carries a substantial penalty of imprisonment for up to two years or a fine of up to $50,000 for a person or, for a body corporate, a fine of up to $200,000. An employer would pass on to the appropriate authority any information necessary.

Who can help you????? Bullying itself is covered by Worksafe New Zealand and they advise that you can contact http://communitylaw.org.nz/ for help and advice about what to do if you are being cyber bullied Also https://www.netsafe.org.nz/

The communication principles … The Act outlines ten communication principles which will be taken into account when determining whether or not an offence has made.  Digital communications 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 commit suicide; or denigrate an individual by reason of his or her colour, race, ethnic or national origins, religion, gender, sexual orientation or disability.

Go to https://www. youtube. com/watch Go to https://www.youtube.com/watch?v=o4KE_9d-cCc To view a video posted by YouthLaw Aotearoa

As part of being a digital citizen, you must be aware of the following implications .. You must be thoroughly professional and ethical in your actions by not using cyber-bullying or digital harassment which could cause serious emotional distress to a victim Act provides for legal action if posting, by means of digital communication, information or visual recording of another individual Digital communication includes: transferring, forwarding, sending, posting, publishing, text messaging, publishing photo or picture, publishing voice recording, social media posts etc etc Penalty can be imprisonment or a fine

Implications for businesses Increasingly businesses are engaging with their customers online, using social media sites such as Facebook and Twitter to communicate with them It is therefore essential that employees know how to communicate professionally via these mediums to avoid bringing the companies they work for into disrepute

Article Stuff Article: Serious misconduct and social media The Harmful Digital Communications Act may not have made a crime out of Pebbles Hooper's Twitter brain explosion, but it highlights the issue of cyber bullying. URL: http://www.stuff.co.nz/business/opinion-analysis/70181496/pebbles-hooper-and-the-fine-line-between-serious-misconduct-and-social-media Close the Internet You will go back to the presentation Read the next section of your workbook until you need to go to Slide 11 Or close the presentation if you want to come back to this later

Safe Harbour Process From Ministry of Justice: URL: https://www.youtube.com/watch?v=EJhfVP0daiQ&index=1&list=PLq4cimoozvxxduqpm-jbnCrR2oHRr_zEQ Close the Internet You will go back to the presentation Read the next section of your workbook until you need to go to Slide 12 Or close the presentation if you want to come back to this later

Penalties What penalties are there if the Harmful Digital Communications Act is breached? If a criminal offence has been committed Up to two years imprisonment can be imposed Or a fine of up to $500,000 for a person Or $200,000 for a body corporate

Examples of Penalties imposed Stuff article: Man jailed for sending disturbing video on Facebook URL: http://www.stuff.co.nz/national/crime/79121013/man-jailed-for-disturbing-facebook-video Man charged for threatening on Facebook URL: http://www.stuff.co.nz/national/crime/81728896/marlborough-man-charged-for-threatening-expartner-on-facebook NZ Herald article: Man convicted under cyber bullying legislation URL: http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11615758 Close the Internet You will go back to the presentation ESC to close the presentation