Changes to New Zealand’s Harmful Digital Communications Law

The Harmful Digital Communications Act 2015 has been updated to make it an offence to post intimate visual recordings without the consent of the person in the recording. The change aims to improve access to justice for victims/survivors of image-based sexual abuse.

Image-based sexual abuse is the non-consensual sharing of intimate recordings, such as posting someone’s private nude images or videos online without their permission. Often referred to as ‘revenge porn’ or ‘sextortion’, image-based sexual abuse affects almost 5% of adult New Zealanders each year (according to Netsafe(external link)).

Previously, in order to convict someone of an offence relating to image-based sexual abuse, the Police had to prove in court the defendant had intended to cause harm by sharing the content and further prove that the victim/survivor experienced ‘reasonable harm’.

The new offence recognises that it is inherently harmful to share an intimate visual recording of someone without their permission. The Police now only need to prove in court that the content has been shared or posted without consent – there is no requirement to prove harm. If the defendant is found guilty, they may be fined up to $50,000 or sentenced to a maximum of 2 years in prison.

During the case, the judge can make an order for the intimate visual recording to be taken down from where it has been posted or shared. This order can be made before a verdict is reached, reducing the chance for the content to be viewed or shared while the case is going through court.

By removing the requirement of proving harm, the new criminal offence hopes to provide better outcomes for victims/survivors of image-based sexual abuse in court.

Read the Harmful Digital Communications Act 2015(external link)

Check out Netsafe’s website for more information on image-based sexual abuse(external link)

Victims Information: For people affected by sexual violence(external link)

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