Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022

8 New sections 22A and 22B inserted

After section 22, insert:

22A Posting intimate visual recording without consent

(1)

A person commits an offence if the person, without reasonable excuse, posts a digital communication that is an intimate visual recording of a victim—

(a)

knowing that the victim has not consented to the posting; or

(b)

being reckless as to whether the victim has consented to the posting.

(2)

An individual under the age of 16 years cannot consent to the posting of an intimate visual recording of which they are the subject.

(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.

22B Court may make civil order during proceedings for offence under section 22A

(1)

On application under this section and if the court considers it desirable to do so, the court conducting the proceedings for an offence under section 22A may make,—

(a)

during the proceedings, 1 or more of the interim orders set out in subsection (2) against the defendant for the duration of the proceedings; and

(b)

if the defendant is proven to have committed the offence, 1 or more of the orders set out in subsection (3) against the defendant.

(2)

The following interim orders are available to the court under subsection (1)(a):

(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.

(3)

The following orders are available to the court under subsection (1)(b):

(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.

(4)

In this section, a defendant is proven to have committed an offence under section 22A if—

(a)

the defendant is convicted of the offence; or

(b)

the defendant is found guilty of, or pleads guilty to, the offence, but is discharged without conviction under section 106 of the Sentencing Act 2002; or

(c)

the Youth Court makes an order under section 282 of the Oranga Tamariki Act 1989 discharging the charge relating to the offence after finding that the offence was proved.