Adams Amy: Harmful Digital Communications Bill — Third ReadingText is incorporated into the Bound VolumeAdams Amy: Harmful Digital Communications Bill — Third Reading[Sitting date: 25 June 2015. Volume:706;Page:4830. Text is incorporated into the Bound Volume.]Hon AMY ADAMS (Minister of Justice): I move That the Harmful Digital Communications Bill be now read a third time. Cyber-bullying is a real and growing problem. It is not a minor issue confined to a small number of people. One in five New Zealanders aged 13 to 30 have experienced harmful communications on the internet but actually victims can be found across all age groups. We need to do something to stem these new and insidious threats. This bill will help stop cyber-bullies and reduce the devastating impacts their actions can have by simplifying the process for getting abusive material off the internet in a quick and proportionate way. These proposals empower victims by providing a quick low-cost and effective way to right the wrongs done to them.We live in the digital age of the internet where smartphones outnumber people and every day we are spending around 6 hours connected at home or on the go. Social media has fast become one of our top sources of information and a single post or a tweet can be shared around the world thousands of times and across millions of screens within seconds. To give you an idea of the speed and reach of the internet the infamous Ellen DeGeneres multi-celebrity selfie at the 2014 Oscars was seen by 32.8 million people on Twitter in the first 12 hours alone.It has been said that every 2 days we create as much information as we did from the dawn of civilisation up until 2003. These digital technologies allow New Zealanders to connect and interact in new and exciting ways and they are changing almost every aspect of our lives. On the whole they present us with a tremendous opportunity to share ideas knowledge and experiences with other people anywhere in the world.But there is a dark and sinister side to the internet. Some people use communication technologies such as email text messaging and social media to intimidate others spread damaging or degrading rumours and publish invasive and intimate photographs. These are rapidly cheaply and anonymously disseminated to huge audiences. This must stop. Whether it is in the schoolyard the workplace or at home bullying anywhere is intolerable. But the reality is that the digital age has allowed the reach and impact of bullying to increase dramatically. Harmful digital communications are not confined to one place or time. They can spread anywhere anytime to any audience and they can last for ever. This means victims are forced to relive the attack again and again leading to an almost endless cycle of re-victimisation. Digital communications have unique characteristics and require a targeted response. That is why we are introducing specific legislation to deal with cyber-bullying.There are heart-breaking stories from around New Zealand of young Kiwis in particular making tragic choices in the wake of severe cyber-bullying. In 2009 Rotorua schoolgirl Hayley-Ann Fenton took her own life after receiving what the coroner described as “extraordinarily abusive text messages”. Stephanie Garrett was also 15 years old when she died in Palmerston North in 2013 having been bullied online in the days leading up to her death. These deaths were a tragedy and they were completely preventable. A recent study of 18000 children from years 5 to 13 found that 31 percent believed cyber-bullying was a problem at their school. Last year Barnardos in Canterbury saw a 70 percent increase in calls to the 0800 What’s Up helpline where children were in imminent harm with cyber-bullying cited as being behind many of the calls.Across Parliament we can all agree that there is real significant harm that can be caused through digital means. It is a new threat and it is a very real very serious threat that Parliament has to respond to. I want to applaud those parties here today who are supporting this legislation. I want to commend the constructive way in which parties across this House have dealt with me on this bill. New Zealanders can feel assured that their Parliament has nutted out the ins and outs of this bill to the fullest extent and its wide support showcases how Parliament can come together to work on important issues.The Government tasked the Law Commission with taking a comprehensive look at this issue. Its findings confirmed concerns held by New Zealanders that efforts to remove abusive material from the internet under existing laws are often difficult drawn out and costly and there are limited sanctions available to aid such efforts to hold offenders to account. So Parliament decided to act. This legislation tackles cyber-bullying head-on. It sends a clear message to cyber-bullies and puts on notice anyone wanting to use the internet to spread abhorrent abuse or material online. It will deter prevent and mitigate harm caused to individuals and it simplifies the process for getting abusive material off the internet quickly and effectively while respecting free speech rights.To achieve this purpose the legislation introduces several important measures. Firstly it creates new criminal offences to deal with the most serious of harmful digital communications. It makes it an offence to send messages and post material online that deliberately sets out to cause and causes serious emotional distress and those offences are punishable by up to 2 years’ imprisonment or a maximum fine of up to $50000 for individuals or up to $200000 for companies. It also creates a new offence of incitement to commit suicide which would apply in situations where the person does not actually attempt to take their own life. If convicted an offender may be sentenced to up to 3 years in prison. The new offence recognises the distress caused by provoking others to commit suicide and highlights that the consequences of this kind of harassment are too serious to ignore. These new offences send a clear strong message that serious and harmful instances of online bullying and harassment can be criminal behaviour and where appropriate those who torment others can and will be held to account.During the passage of the bill significant attention has been given to the criminal aspects of the legislation but as I have been at pains to point out the vast majority of measures are in fact focused on making sure victims can get quick and effective help. These measures seek to empower individuals and change online behaviour.Under this legislation an approved agency will be appointed to resolve complaints about harmful digital communications. The agency will provide timely and effective assistance to victims and it will use informal means such as negotiation mediation persuasion and education. The approved agency will have a statutory function of raising awareness and educating the public including providing information to schools to help educate students and upskill teachers. It will provide online safety advice and education to the general public and it will collaborate with service providers and agencies both here and overseas to better achieve the purpose of the legislation.Education is certainly part of the solution but victims of cyber-bullying also need real effective mechanisms to remove abusive material and prevent its spread and the bill provides proportionate and effective remedies. For thorny complaints the legislation gives the District Court new powers that will provide a speedy efficient and relatively cheap avenue for dealing with serious or repeated harmful digital communications. In such cases the court will be able to order a broad range of remedies including ordering the taking down of the material ordering that a correction or apology be issued or ordering the release of the identity of the source of an anonymous communication. `Another core measure is the introduction of a safe harbour which provides online content hosts with a simple optional process for handling complaints. Where followed this allows people to easily and quickly request the removal of harmful and unlawful content posted by others and for hosts to avoid liability for that content. The safe harbour is based on personal responsibility and fairness. The author or creator of the allegedly harmful or unlawful content should be responsible for that content and be given an opportunity to respond to the allegations. Once the bill is enacted different measures will come into force at different times. The new offence provisions and the safe harbour provisions will take effect immediately. The approved agency and the District Court orders will be up and running within 2 years of enactment.Concerns that the Harmful Digital Communications Bill will limit the rights to free speech or expression or prevent genuine media reporting are simply unfounded. Much has been made of the potential impact of this legislation on the freedom of speech. It is worth remembering that from the outset the freedoms we enjoy are not and have never been absolute. You cannot scream “Fire!” in a crowded theatre nor should you be allowed to abuse someone online incite people to kill themselves on social media or share revenge porn with the world and claim that is your absolute right. There can and there should be reasonable limits where demonstrably justified in a free and just society.While seeking to prevent and to reduce harm to individuals the Harmful Digital Communications Bill takes great care to safeguard freedom of expression. For example before a court can order a take-down order it must take into account factors such as the public interest and the truth of the statement. The court must also act consistently with the rights and freedoms contained in the New Zealand Bill of Rights Act. This includes acting consistently with freedom of expression.This bill is world-leading. The bill will give victims of cyber-bullying quick and practical measures to stop and take down abusive material. The purpose of the bill is to deter prevent and mitigate harm caused to individuals and it simplifies the process for getting abusive material off the internet quickly and effectively while respecting free-speech rights. I welcome the bipartisanship the House has displayed in supporting this legislation and I absolutely commend it to the House.