Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022

1: Title
This Act is the Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Harmful Digital Communications Act 2015 2022-03-09 Harmful Digital Communications Act 2015
4: Section 4 amended (Interpretation)
1: In section 4 post
a: means to transfer, send, publish, disseminate, or otherwise communicate by means of a digital communication—
i: any information, whether truthful or untruthful, about the victim; or
ii: an intimate visual recording of an individual; and
b: includes an attempt to do anything referred to in paragraph (a) victim
a: in relation to section 22, an individual who is the target of a posted digital communication; and
b: in relation to section 22A
2: In section 4 posts a digital communication
5: Section 20 amended (Court may vary or discharge order)
In section 20(1) and (2) 18 or 19 18, 19, or 22B
6: Section 21 amended (Offence of non-compliance with order)
In section 21(1) 18 or 19 18, 19, or 22B
7: Section 22 amended (Causing harm by posting digital communication)
Replace section 22(4)
4: This section does not apply if the posted digital communication is an intimate visual recording to which the offence in section 22A
8: New sections 22A and 22B inserted
After section 22
22A: Posting intimate visual recording without consent
1: A person commits an offence if the person, without reasonable excuse, posts a digital communication that is an intimate visual recording of a victim—
a: knowing that the victim has not consented to the posting; or
b: being reckless as to whether the victim has consented to the posting.
2: An individual under the age of 16 years cannot consent to the posting of an intimate visual recording of which they are the subject.
3: A person who commits an offence against this section is liable on conviction to,—
a: in the case of a natural person, imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $200,000.
22B: Court may make civil order during proceedings for offence under section 22A
1: On application under this section and if the court considers it desirable to do so, the court conducting the proceedings for an offence under section 22A
a: during the proceedings, 1 or more of the interim orders set out in subsection (2)
b: if the defendant is proven to have committed the offence, 1 or more of the orders set out in subsection (3)
2: The following interim orders are available to the court under subsection (1)﻿(a)
a: an order to take down or disable material:
b: an order that the defendant cease or refrain from the conduct concerned:
c: an order that the defendant not encourage any other persons to engage in similar communications towards the affected individual.
3: The following orders are available to the court under subsection (1)﻿(b)
a: an order to take down or disable material:
b: an order that the defendant cease or refrain from the conduct concerned:
c: an order that the defendant not encourage any other persons to engage in similar communications towards the affected individual:
d: an order that a correction be published:
e: an order that a right of reply be given to the affected individual:
f: an order that an apology be published.
4: In this section, a defendant is proven to have committed section 22A
a: the defendant is convicted of the offence; or
b: the defendant is found guilty of, or pleads guilty to, the offence, but is discharged without conviction under section 106 of the Sentencing Act 2002; or
c: the Youth Court makes an order under section 282 of the Oranga Tamariki Act 1989 discharging the charge relating to the offence after finding that the offence was proved.