Like other forms of stalking, online and digital forms of stalking which meet the Crimes Act definition of stalking are now criminal offences. While Netsafe are the online experts, you have the right to report online stalking directly to the police at any time.
Harmful Digital Communications Orders
- It is unclear what the threshold is for online stalking and harassment to be subject to this order, under the Harmful Digital Communications Act 2015 (HDCA), but this order can involve (among other things): orders to take down material; orders to publish a correction, an apology or give the complainant a right of reply; and/or orders to release the identity of the source of an anonymous communication.
- The first point of contact for orders under the HDCA is Netsafe. They can explain your options for reporting it to the police as well.
- If the issue cannot be resolved directly with the online platform, and your situation meets the legal thresholds under the HDCA, the police can apply to the court on your behalf for a Harmful Digital Communications Order (HDCO).
- If the Police decline to apply, you can apply for a Harmful Digital Communications Order yourself through the District Court. There is no fee for doing this. You will need to make a report to Netsafe first, as they are the initial point of contact under the HDCA. Netsafe will provide the information you need, and staff at your local District Court can help you complete the process.
- Be aware that this process can take time, and some material can spread quickly online before removal. However, it is still a useful tool for stopping ongoing abuse and showing that the behaviour is being taken seriously.
- See: HDC pages at Ministry of Justice and Community Law
See also our info on reporting to police.
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