Defamation and False Allegations

Taking a defamation case is a big undertaking in New Zealand and you will need to engage a lawyer. Civil processes under the Harmful Digital Communications Act will soon apply

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The internet is synonymous with robust conversations. That does not mean that it is any more okay to publish defamatory comments or false allegations online than it is anywhere else. The Harmful Digital Communications Act was passed in 2015 to help people dealing with serious or repeated harmful digital communications.

What type of communication does the Act cover?

It covers any harmful digital communications (like text, emails or social media content) which can include racist, sexist and religiously intolerant comments – plus those about disabilities or sexual orientation.

What are the 10 communication principles?
Digital communication should not:

  1. disclose sensitive personal facts about an individual
  2. be threatening, intimidating, or menacing
  3. be grossly offensive to a reasonable person in the position of the affected individual
  4. be indecent or obscene
  5. be used to harass an individual
  6. make a false allegation
  7. contain a matter that is published in breach of confidence
  8. incite or encourage anyone to send a message to an individual for the purpose of causing harm to the individual
  9. incite or encourage an individual to commit suicide
  10. denigrate an individual by reason of colour, race, ethnic or national origins, religion, gender, sexual orientation or disability

What does the law aim to do?

The Harmful Digital Communication Act aims to prevent and reduce the impact of cyberbullying, harassment, image-based abuse (sometimes known as revenge porn) and other forms of abuse and intimidation.

More advice and information

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