Harmful Digital Communications Act 2015

22 Causing harm by posting digital communication


A person commits an offence if—


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


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


posting the communication causes harm to the victim.


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


the extremity of the language used:


the age and characteristics of the victim:


whether the digital communication was anonymous:


whether the digital communication was repeated:


the extent of circulation of the digital communication:


whether the digital communication is true or false:


the context in which the digital communication appeared.


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


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


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


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