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Harper v Instagram [2017] NZDC 7913

Published 21 April 2021

Harmful digital communication — order — online bullying — appointment of technical advisor — Harmful Digital Communications Act 2015, ss 12, 15(2) & 17(3) — New Zealand Bill of Rights Act 1990, ss 5 & 27 — Harmful Digital Communications Rules 2016, rr 21(3)(a) & 24 — Combined Beneficiaries Union v Auckland COGS Committee [2009] 2 NZLR 56 (CA). The plaintiffs applied for orders under the Harmful Digital Communications Act ("HDCA") on behalf of their daughter against three online content hosts. The plaintiffs deposed that content sent predominately through Instagram, Snapchat and Facebook made abusive and insulting reference to their daughter's sexual behaviour, appearance and other aspects of her life. The plaintiffs sought orders that the hosts tell the Court who posted the communications complained of, and identify the anonymous communicators. The Court found that the communications constituted serious breaches of communications principles, in that they have been used to harass and incite an individual to commit suicide. The Court was satisfied that the plaintiff met the threshold for proceedings under s 12 of the HDCA. The Court directed that a technical advisor be appointed to consider the application and advise as to the best form of service of the proceedings on the online content hosts. Judgment Date: 12 April 2017 * * * Note: Names have been changed to comply with legal requirements * * *

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