Online harassment and the Harmful Digital Communications Act

New Zealand has a specific law for online harm, the Harmful Digital Communications Act 2015. It gives you a free complaints service, court orders that can force content down, and criminal offences for the worst behaviour. Knowing how it works helps you choose the right route quickly.

Keep evidence first

Before you block, report or delete anything, capture it. Platforms remove content and accounts, and once they do you may not be able to prove what happened.

• Screenshot each message or post so the date, time, username and profile are visible.
• Copy the web address of each post and profile into a document.
• Keep a simple log: date, what happened, where, and how it affected you (missed work, couldn’t sleep, changed your route home).
• Save files somewhere the other person can’t reach. If they’ve had access to your phone or cloud storage, use a different account.

Don’t engage, argue or retaliate. It rarely helps, and it can complicate a complaint.

The ten communication principles

The Act sets out ten principles that Netsafe and the courts apply. In short, a digital communication should not:

1. disclose sensitive personal facts about someone
2. be threatening, intimidating or menacing
3. be grossly offensive to a reasonable person in the affected person’s position
4. be indecent or obscene
5. be used to harass someone
6. make a false allegation
7. publish something shared in confidence
8. encourage others to send messages to someone to cause them harm
9. encourage someone to take their own life
10. put someone down because of their colour, race, ethnic or national origins, religion, gender, sexual orientation or disability

Texts, emails, social media posts, comments, images, videos and messages in apps all count as digital communications.

Route 1: report to the platform

Report the content and the account under the platform’s rules. This is fast when it works, but platforms apply their own policies, which may differ from New Zealand law. Keep your evidence even after you report.

Route 2: complain to Netsafe

Netsafe is the Approved Agency under the Act. Its job is to receive complaints, assess and investigate them, and try to resolve them, including by working with platforms and website hosts. Netsafe can’t punish anyone or force them to act, but it has working relationships with the major platforms and often gets results faster than an individual can.

• Report online at netsafe.org.nz/report, call 0508 638 723, or text “Netsafe” to 4282.
• Netsafe said in June 2026 that it was receiving more complaints than ever, with some days bringing 35 to 40 complaints, and that urgent and high-risk matters get priority. Say clearly if you feel unsafe.
• Generally, Netsafe must have had a chance to deal with your complaint before the District Court will consider an application from you. So complain to Netsafe early, even if you expect to go to court.

Route 3: apply to the District Court for an order

If Netsafe can’t resolve it, you can apply to the District Court. The court considers whether there has been a serious, repeated or threatened breach of the communication principles that has caused, or is likely to cause, you harm. It can order a person to take material down, stop the conduct, stop encouraging others, publish a correction, give you a right of reply, or apologise. It can also make orders against online hosts, such as taking material down.

Parents or guardians can apply for a child. School principals can apply for a student, with the student’s consent. Police can apply where there’s a threat to someone’s safety.

The Ministry of Justice has the forms and guidance. Community Law centres can help you for free.

Route 4: the criminal law

It’s an offence to post a digital communication intending to cause someone harm, where it would cause harm to an ordinary reasonable person in their position and it does cause them harm. Harm here means serious emotional distress. Posting an intimate visual recording of someone without their consent is a separate offence. Report these to Police on 105, or 111 if you’re in danger.

Route 5: the Harassment Act

If someone harasses you through a pattern of behaviour, online or offline, you can apply to the District Court for a restraining order under the Harassment Act 1997. Harassment here generally means specified acts done on at least two occasions within 12 months. This route suits situations that go beyond the screen, such as someone turning up at your home or work, following you, or contacting your family.

If your address or details are posted

Report it, tell Netsafe and Police, and reduce what else can be found. The personal exposure audit shows where New Zealanders’ addresses are most often published and how to get them removed.

Look after yourself

Online harassment is draining, and it’s not a sign you did something wrong. Talk to someone you trust. You can call or text 1737 at any time to talk to a trained counsellor.