Rattling Cages – Harmful Digital Communications Bill

Communication principles
(1) The communication principles are—

Principle 1 – A digital communication should not disclose sensitive personal facts about an individual.

Principle 2 – A digital communication should not be threatening, intimidating, or menacing.

Principle 3 – A digital communication should not be grossly offensive to a reasonable person in the position of the affected individual.

Principle 4 – A digital communication should not be indecent or obscene.

Principle 5 – A digital communication should not be used to harass an individual.

Principle 6 – A digital communication should not make a false allegation.

Principle 7 – A digital communication should not contain a matter that is published in breach
of confidence.

Principle 8 – A digital communication should not incite or encourage anyone to send a message to an individual for the purpose of causing harm to the individual.

Principle 9 – A digital communication should not incite or encourage an individual to commit suicide.

Principle 10 – A digital communication should not denigrate an individual by reason of his or her colour, race, ethnic or national origins, religion, gender, sexual orientation, or disability

Details of what constitutes an offence:

19 Causing harm by posting digital communication

(1) A person commits an offence if—
(a) the person posts a digital communication with the intention that it cause harm to a victim; and
(b) posting the communication would cause harm to an ordinary reasonable person in the position of the victim; and
(c) posting the communication causes harm to the victim.

(2) In determining whether a post would cause harm, the court may take into account any factors it considers relevant, including—
(a) the extremity of the language used:
(b) the age and characteristics of the victim:
(c) whether the digital communication was anonymous:
(d) whether the digital communication was repeated:
(e) the extent of circulation of the digital communication:
(f) whether the digital communication is true or false:
(g) the context in which the digital communication appeared.

(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.

Imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000

Standard

One thought on “Rattling Cages – Harmful Digital Communications Bill

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s