This Supplementary Order Paper amends the Harmful Digital Communications Bill to remove the introduction of a new criminal offence for posting a harmful digital communication with the intention to cause harm. Clause 19 is problematic as it criminalises conduct online that is not criminal in the non-digital world. Clause 19 also lacks the specific reference to the public interest, and other defences available under existing laws.

This Supplementary Order Paper amends the Harmful Digital Communications Bill to extend the intimate covert filming provisions in Part 9A of the Crimes Act 1961. This amendment will criminalise conduct where an intimate recording is taken with consent, but shared online without consent. The wording used to amend section 216J is taken from the Law Commission’s original proposal 2012 Ministerial Briefing Paper, Harmful Digital Communications: The adequacy of the current sanctions and remedies. This amendment is needed as the current Harmful Digital Communications Bill relies on the “general causing harm” offence in clause 19 to capture this behaviour.