HDCA helpline service
Find out what happens when you make a report to Netsafe.
Netsafe is the Approved Agency to receive, assess and investigate complaints, to use advice negotiation, mediation, and persuasion to resolve complaints under New Zealand's Harmful Digital Communications Act.
Last Updated29/09/2024
The purpose of the Harmful Digital Communications Act 2015 (HDCA) is to deter, prevent and mitigate harm caused to individuals by digital communications, and to provide victims of harmful digital communications with a quick and efficient means of redress.
There are some key terms in the HDCA that it is important to understand:
Digital communication is any form of electronic communication including for example:
That means that telephone calls that aren’t recorded, letters sent by post, and verbal interactions that are not recorded, are not within the scope of the HDCA.
The HDCA provides some guiderails to appropriate online behaviour which are set out in the Communication Principles.
These principles provide that a digital communication should not:
A digital communication must contravene one or more of the communications principles in order to be considered under the HDCA.
The HDCA provides that the harmful content must relate to an individual. An individual is a natural person. This means that the HDCA does not apply to harmful digital communications which target an organisation such as a company or a business.
Finally, the digital communication must cause harm to the individual. Harm is defined in the HDCA as “serious emotional distress”.
Where Netsafe is unable to resolve a complaint or resolve it to the satisfaction of the complainant, it may be possible to seek an order in the District Court. Note that to bring proceedings in the District Court a complaint must first have been made to Netsafe.
The District Court has the power to make binding and enforceable orders including:
The Court may also refer the complaint back to Netsafe or dismiss the complaint.
It is a criminal offence to fail to comply with an order of the court.
As well as the civil remedies set out above, the HDCA also contains criminal penalties. It is for the Police, rather than Netsafe, to consider whether criminal penalties ought to be pursued.
The penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000 (or in the case of a body corporate, to a fine not exceeding $200,0000).
Netsafe (and the District Court) must act consistently with the New Zealand Bill of Rights Act 1990. That Act provides everyone with the right to freedom of expression. However, the right to freedom of expression is not absolute. For example, it does not give someone the right to breach one or more of the communications principles, causing harm to another person. On the other hand, just because someone takes offence or is upset by a digital communication, doesn’t mean that it is a breach of the HDCA.
For example, remedies in respect of false allegations might be pursued under the Defamation Act 1992 (as well as or instead of under communications principle 6) and harassment might be pursued under the Harassment Act 1997 (as well as or instead of under communications principle 5).
Objectionable content such as child sexual abuse material or terrorist or violent extremist content is dealt with under the Films, Videos and Publications Classification Act 1993. Netsafe works alongside other agencies such as the Classifications Office, the Department of Internal Affairs and the Police in respect of such content.
For example, mis or disinformation, financial scams and certain hate speech may not engage the relevant criteria to be considered under the HDCA. Netsafe will still try to help you resolve the issue but the process and our advice may be different.
If you're experiencing online abuse, fallen victim to a scam, or need some advice about another online issue, Netsafe is here to support you.
Our helpline is free, confidential and non-judgmental - providing expert advice and assistance seven days a week.
Find out what happens when you make a report to Netsafe.