Harmful Digital Communications Act 2015

19 Orders that may be made by court

(1)

The District Court may, on an application, make 1 or more of the following orders against a defendant:

(a)

an order to take down or disable material:

(b)

an order that the defendant cease or refrain from the conduct concerned:

(c)

an order that the defendant not encourage any other persons to engage in similar communications towards the affected individual:

(d)

an order that a correction be published:

(e)

an order that a right of reply be given to the affected individual:

(f)

an order that an apology be published.

(2)

The District Court may, on an application, make 1 or more of the following orders against an online content host:

(a)

an order to take down or disable public access to material that has been posted or sent:

(b)

an order that the identity of the author of an anonymous or pseudonymous communication be released to the court:

(c)

an order that a correction be published in any manner that the court specifies in the order:

(d)

an order that a right of reply be given to the affected individual in any manner that the court specifies in the order.

(3)

The District Court may, on application, make an order against an IPAP that the identity of an anonymous communicator be released to the court.

(4)

The court may also do 1 or more of the following:

(a)

make a direction applying an order provided for in subsection (1) or (2) to other persons specified in the direction, if there is evidence that those others have been encouraged to engage in harmful digital communications towards the affected individual:

(b)

make a declaration that a communication breaches a communication principle:

(c)

order that the names of any specified parties be suppressed.

(5)

In deciding whether or not to make an order, and the form of an order, the court must take into account the following:

(a)

the content of the communication and the level of harm caused or likely to be caused by it:

(b)

the purpose of the communicator, in particular whether the communication was intended to cause harm:

(c)

the occasion, context, and subject matter of the communication:

(d)

the extent to which the communication has spread beyond the original parties to the communication:

(e)

the age and vulnerability of the affected individual:

(f)

the truth or falsity of the statement:

(g)

whether the communication is in the public interest:

(h)

the conduct of the defendant, including any attempt by the defendant to minimise the harm caused:

(i)

the conduct of the affected individual or complainant:

(j)

the technical and operational practicalities, and the costs, of an order:

(k)

the appropriate individual or other person who should be subject to the order.

(6)

In doing anything under this section, the court must act consistently with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990.