I am also a blogger and occasional journalist. I have dealt with, studied, and commented on many cases involving harmful digital communications.
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I support this Bill, and particularly the provisions creating a new complaints regime. In the first part of this submission, I explain why.
In the second part, I suggest some changes. In the third part, I make some concluding comments. There is plenty of evidence that digital harassment is a problem, and a unique one.
It is sometimes very serious indeed, and in NZ and overseas has been a factor in suicides. Existing remedies are inadequate.
It can be argued that our existing laws are sufficient to tackle the various problems. The law of defamation, privacy and breach of confidence, the powers of the Privacy Commissioner, the Harassment Act, other laws governing threats and incitement, cover much of the territory of this Bill.
But that does not solve the problem. The remedies under these laws are not always accessible, sufficient or available.
What is needed is a quick and cheap method of obtaining an injunction or take-down order when truly damaging material is posted online.
In some cases such as in criminal cases there is no take-down power.
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Nor can the Privacy Commissioner issue take-down notices. In some cases such as the torts of defamation and privacy and the Harassment Act the victim needs thousands of dollars to take a civil action.
In any event, the case law sets extremely high thresholds before injunctions can be granted. The law and procedures are arcane.
Costs spiral. Delays are rife. The Bill addresses the remedies gap. The principles at the heart of the Bill are designed to reflect the current law.
I think they largely do so, when read in conjunction with the limiting factors in clause What is significantly new are the remedies.
These offer informal resolution by the Agency, and a new court process for obtaining orders for take-down, cease-and-desist, and unmasking anonymous posters.
My spouse and i hear all relating to the lively method you produce powerful guidelines via this web blog and in ad…. The Agency should be empowered to act on behalf of complainants before the court when it deems this appropriate and the complainant requests it, as it can do under clause 20 4 when dealing with online content hosts. Dusty pink dobby mesh underwired plunge bra rings Adidas Superstar Femme. Clause 17 3 a : Might this apply to the world at large?
The Agency offers crucial support for complainants. Complainants are often faced with digital material harming them now, but have little in the way of resources or knowledge of the law and its processes.
The Agency would provide information and advice. Netsafe is performing some of this function now, but those posting or hosting harmful material — including Facebook and other sites — will be more likely to take notice of an official government agency than a lobby group.
The Bill contains protections to ensure the powers are not misused. I think there are sufficient protections in the Act to stop any unjustified uses of the law to attack legitimate speech.
I must convey my affection for your kind-heartedness giving support to all those that must have guidance on this matter. Sexy Dresses for Women, Mini Club Dresses different sizes, designs, cuts Consideration should be given to including some provision addressing the role of humour.
The coercive powers in the complaints regime are limited. The biggest gun is the take-down order.
That cannot be used unless the complainant has first tried to resolve the complaint through the Agency. The breach of the principles must be serious or repeated.
No order can be made unless it is demonstrably justified under the Bill of Rights Act. It must be made by a judge, who must apply the principles of natural justice.
And the judge will have to consider a range of sensible contextual factors under cl 17 4including whether the communication was true, whether it was in the public interest, the conduct of the parties, and the vulnerability of the victim.
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There is a right of appeal. This means that the communication would have to be sent to them or be about them personally, for them to be a victim.
This has been done in clause 19 4in relation to the offence. But not in relation to the complaints regime. Will it be Netsafe? A government department?
Clauses 11 1 and 12 2 a : It should be made clear that the Agency has the power to approve the rapid referral of a complaint to the court if the circumstances require it.
The Agency should be empowered to act on behalf of complainants before the court when it deems this appropriate and the complainant requests it, as it can do under clause 20 4 when dealing with online content hosts.
Clause 8 1 a : as presently worded, this allows the Agency to consider complaints about any sort of serious emotional distress caused by digital communications, whether or not they breach the principles.
Is this deliberate? Clause 8 2 : this allows the Agency to seek and receive information it considers necessary to resolve complaints, etc. Is it necessary to spell this out?
Is it intended that this creates an obligation on others to comply with requests for information? It is not clear. Clauses 10 1 a and 11 2 : Threats to cause serious harm should also be a ground for an injunction.
Why should complainants have to wait until the harm has been done if someone is eg threatening to post a naked photo of them? Clause 10 2 : the Coroner has power to seek a takedown order etcbut only if the Coroners Act is contravened.
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Should this include the newly amended in the Bill provisions of the Crimes Act dealing with suicide? These should make it clear that impersonation of someone eg fake Facebook page is covered.
Consideration should be given to including some provision addressing the role of humour. This is somewhat vexed. Humour can be nasty and harmful, especially to young people.
It can also leaven a communication that might otherwise be harmful, or encapsulate a satirical point of importance. That difference is probably captured in the other limiting factors, but it may be as well to add this as a factor.
29.01.2020 – I simply needed to say thanks once more. This means that the communication would have to be sent to them or be about them personally, for them to be a victim. Clause 17 1 e : Consideration should be given to elaborating on the right of reply. Opyright ideo – ll ights eserved ostenlose ornofilme und ratis obile ornos eutschsex ontakteschreibung ier auf eutschsex findest u ama iebt inen ungen chwanz n hrer otze nd em rsch und jede enge gratis ornos, u magst frei porno und ornofilme, und jede enge gratis ornos, hle aus den orno ategorien wie blasen, eschreibung ier auf eutschsex findest u unges dchen ickt ma, und jede eutschsex ostenlose ornofilme auf dem u rund um die hr zugreifen kannst.
Alternatively, the mainstream media should be excluded from the complaints regime in cases where there is an established complaints body with power to issue take-down orders, and rapidly if necessary, such as the Online Media Standards Authority.
This may incentivise the Press Council to acquire this power. Consideration should be given to including some provision dealing with opinions.
They are generally regarded as being more important to protect because they often contribute to a debate, and less harmful because the audience know they can disagree with them.
This can be overstated — opinions expressed by influential people can be very harmful, and opinions do not always contribute to useful discussions. Cases involving child and youth bullying should go to the Youth Court, not the ordinary District Court.
Orders against third parties should only be made when those parties have a right to be advised of the application in advance and right to respond, except in exceptional circumstances.
Clause 15 1 touches on this, but it should be made explicit that both parties have a right of appeal. Clause 17 2 b : It should be made explicit that the court should consider the impact on free expression, both in the individual case, and on the flow of communications by anonymous people generally which can be socially valuable before ordering the release of the identity of an anonymous author.
It should also be made clearer to whom the identity is to be released. To the complainant?
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The judge? To the world? Clause 17 1 e : Consideration should be given to elaborating on the right of reply. What if the proposed reply itself arguably breaches the principles?
Are there limits on what topics can be raised or whether strong personal criticism can be included?
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How are disputes about the wording to be determined? Clause 17 1 f : I am not sure that an apology is a justified remedy. An ordered apology is not sincere.
Clause 17 3 a : Might this apply to the world at large? There seem to be arguments each way. It is certainly easy to imagine blog posts encouraging all readers to engage in harmful communications to someone.
But the more natural reading of this clause is that it only applies to particular listed people. There seems to be no requirement that there be any evidence that those people be likely to engage in that conduct.
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In any event, the sorts of orders that can be made against a primary defendant take-down, correction, rights or reply, unmasking anonymity, etc do not seem to lend themselves to third parties, and certainly not if they ave not yet acted on the encouragement.
Because such orders might be complied with by responsible websites. There should be provision for training of judges in the principles of the Bill and their interface with the Bill of Rights Act.
This was organised in the UK before the Human Rights Act came into force, and meant that judges were equipped to deal with the new framework.
I am concerned that District Court judges are not well equipped to deal with cases that raise complicated questions engaging free expression rights.
Most of my submissions ahve been directed to the complaints regime. That leaves two other elements of the Bill: the new offence, and the liability of online content hosts.
I have less to say about this. I accept that sending deliberately harmful communications about someone, which in fact do serious emotional harm, may be conduct that warrants criminalising.
But I note that the threshold for this criminal offence, in some ways, seems lower than that for the complaints regime.
There is no requirement that any principle be breached, so its reach is in that respect greater. Nor does it explicitly require that any assessment be consistent with the Bill of Rights Act, which makes the reader wonder whether this omission is deliberate, since it is twice set out for the complaints regime.
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