Feeling hurt, harassed, or bullied online? Here’s what you need to know:

The internet is a big part of our daily lives, but it’s not always a safe space. When someone shares messages, images, or online content that is threatening, humiliating, or defamatory, it can seriously affect your mental and emotional well-being.

What is the Harmful Digital Communications Act 2015 (“Act”):

The purpose of the Act is to prevent, deter, and reduce harm caused by digital communications, and to provide people with a fast, effective way to deal with online abuse. While it doesn’t offer money like in defamation cases, it helps victims get harmful content taken down quickly.

What is a digital communication?

A digital communication can include emails, text or voice messages, social media posts, blogs, images, videos and messages through apps such as Facebook messenger, snapchat, Youtube, WhatsApp or Instagram.

A harmful digital communication is one that causes serious emotional distress.

Who can apply for an order under the Act?

You may be able to apply for an order under the Act if you are an individual who has or will suffer harm as a result of the digital communication, the parent or legal guardian of the affected individual, the leader of a registered school if the affected individual is a student of that school or the police if there is a threat to the safety of the affected individual.

Businesses or companies cannot apply.

I have been affected by a harmful digital communication; how do I apply for an order under the Act?

It is important to collate all evidence of the harmful material. Netsafe is the approved agency under the Act who provides an initial assessment of the complaint and may assist with negotiations or mediations. This is not always possible. Netsafe can request the removal of harmful material, but they cannot force a platform or publisher to remove it.

Where Netsafe is unable to assist in coming to a resolution, they will provide a report on the complaint. You will need this report if you wish to apply for an order through the District Court. We recommend seeking legal advice early to ensure you’re on the right track.

What can the District Court do?

If you apply for a court order, the District Court can:

· Order the removal of harmful content

· Order the person to stop posting harmful material

· Prevent them from encouraging others to do the same

· Require a correction or right of reply

· Make them apologise publicly

These orders are legally binding. Failing to comply with them can result in criminal charges.

If you're facing online harm, don't wait to take action. Going through the process of having the harmful material removed through the District Court can be an added stress at an already difficult time. At Franklin Law, we support individuals affected by harmful online content by guiding them through the process of having it removed quickly and effectively. Reach out to us for confidential advice and compassionate support.

Contact Us Today

If you need help with any online issues, employment law, business law, or any legal matter, reach out to our Franklin Law offices in Pukekohe or Papakura.

You can also complete our enquiry form or browse our full list of legal services to find out how we can help with your legal needs.

The information contained in this article is necessarily of a generalised nature and is correct as at May 2025. Specific advice should be sought in relation to any particular situation.