|
Getting your Trinity Audio player ready...
|
- By Ashley Smith, solicitor at Franklin Law
Online harassment, cyberbullying, and digital abuse can be distressing, especially when the
perpetrator hides behind anonymity. The Harmful Digital Communications Act 2015
(“HDCA”) offers victims legal tools to address harmful online content and, in some cases,
uncover the identities of anonymous offenders.
perpetrator hides behind anonymity. The Harmful Digital Communications Act 2015
(“HDCA”) offers victims legal tools to address harmful online content and, in some cases,
uncover the identities of anonymous offenders.
What is the HDCA?
The HDCA was introduced to tackle harmful online behaviour, such as bullying, harassment,
intimidation and the spread of false or offensive content. These behaviours often occur on
social media, messaging apps, blogs, and other online platforms. A major challenge for
victims is when harmful content is posted anonymously or under a pseudonym. Fortunately,
the HDCA provides a framework to help identify offenders and stop harmful content.
intimidation and the spread of false or offensive content. These behaviours often occur on
social media, messaging apps, blogs, and other online platforms. A major challenge for
victims is when harmful content is posted anonymously or under a pseudonym. Fortunately,
the HDCA provides a framework to help identify offenders and stop harmful content.
Steps to identify an anonymous offender
- Collect evidence
It is crucial to gather evidence of harmful communications. Take screenshots or screen
recordings of the content, noting timestamps, URL’s, usernames, and platform details.
This documentation is key for any legal action. - File a complaint with Netsafe
Netsafe is the official agency designated under the HDCA to handle complaints about
harmful digital communications. They can contact the platform to request content
removal but cannot compel online hosts or service providers to disclose the user’s
identity. - Apply to the court
If Netsafe cannot resolve the issue, victims can apply to the Court under section 11 of
the HDCA. The Court will assess the complaint and may take steps to uncover the
offender’s identity. - Role of a technical advisor
The court may appoint a technical advisor to assist in identifying the anonymous user.
The advisor can help determine if an online content host or internet service provider
(ISP) can reveal identifying details and provide guidance on jurisdiction, especially if
the platform is overseas. - Court ordered disclosure
If appropriate, the court can issue an order compelling the platform or ISP to disclose
the user’s identity.
Know your rights
If you are facing online bullying, harassment, or harmful digital communications from
someone using an anonymous account, it’s important to know that you have clear legal
options. The HDCA offers an effective framework for identifying offenders and holding them
accountable.
