Harmful Digital Communications Act 2015

4 Interpretation

In this Act, unless the context otherwise requires,—

applicant means anyone who makes an application under section 11

application means an application to the District Court under section 15

Approved Agency or Agency means a person, organisation, department, or entity appointed as an Approved Agency under section 7

chief executive means the chief executive of the department that is for the time being responsible for the administration of this Act

defendant, in relation to an application made to, or an order made by, a court under this Act, means a person against whom an order is sought or made

digital communication

(a)

means any form of electronic communication; and

(b)

includes any text message, writing, photograph, picture, recording, or other matter that is communicated electronically

harm means serious emotional distress

individual means a natural person

intimate visual recording

(a)

means a visual recording (for example, a photograph, videotape, or digital image) that is made in any medium using any device with or without the knowledge or consent of the individual who is the subject of the recording, and that is of—

(i)

an individual who is in a place which, in the circumstances, would reasonably be expected to provide privacy, and the individual is—

(A)

naked or has his or her genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad solely in undergarments; or

(B)

engaged in an intimate sexual activity; or

(C)

engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing; or

(ii)

an individual’s naked or undergarment-clad genitals, pubic area, buttocks, or female breasts which is made—

(A)

from beneath or under an individual’s clothing; or

(B)

through an individual’s outer clothing in circumstances where it is unreasonable to do so; and

(b)

includes an intimate visual recording that is made and transmitted in real time without retention or storage in—

(i)

a physical form; or

(ii)

an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing

IPAP has the same meaning as in section 122A(1) of the Copyright Act 1994

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

online content host, in relation to a digital communication, means the person who has control over the part of the electronic retrieval system, such as a website or an online application, on which the communication is posted and accessible by the user

posts a digital communication

(a)

means transfers, sends, posts, publishes, disseminates, or otherwise communicates by means of a digital communication—

(i)

any information, whether truthful or untruthful, about the victim; or

(ii)

an intimate visual recording of another individual; and

(b)

includes an attempt to do anything referred to in paragraph (a)

professional leader has the same meaning as in section 120 of the Education Act 1989

registered school has the same meaning as in section 2(1) of the Education Act 1989.

Section 4 application: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).