Harmful Digital Communications Act 2015

22 Causing harm by posting digital communication

(1)

A person commits an offence if—

(a)

the person posts a digital communication with the intention that it cause harm to a victim; and

(b)

posting the communication would cause harm to an ordinary reasonable person in the position of the victim; and

(c)

posting the communication causes harm to the victim.

(2)

In determining whether a post would cause harm, the court may take into account any factors it considers relevant, including—

(a)

the extremity of the language used:

(b)

the age and characteristics of the victim:

(c)

whether the digital communication was anonymous:

(d)

whether the digital communication was repeated:

(e)

the extent of circulation of the digital communication:

(f)

whether the digital communication is true or false:

(g)

the context in which the digital communication appeared.

(3)

A person who commits an offence against this section is liable on conviction to,—

(a)

in the case of a natural person, imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000:

(b)

in the case of a body corporate, a fine not exceeding $200,000.

(4)

In this section, victim means the individual who is the target of a posted digital communication.

Compare: 1961 No 43 s 216G; Michigan Penal Code 1931 s 750.411s