Have Your Say: Harmful Digital Communications (Unauthorised Posting Of Intimate Visual Recording) Amendment Bill
The Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Bill is still open for public submissions, and the Justice Committee is interested in hearing from everyone, especially young people.
Alongside making a written submission to the committee, you can also share your thoughts on the subject of the bill more informally by filling out a quick, anonymous survey. Responses to the survey will only be shared with the Justice Committee to aid in their consideration of the bill.
The aim of this bill is to change the Harmful Digital Communications Act 2015 to make it an offence to post an intimate visual recording (sometimes called revenge pornography) online, knowing that the person in the recording has not clearly agreed to it being posted.
Helpful resources about the bill:
· Survey
· Explainer article on the New Zealand Parliament website
· Video message from the member in charge of the bill, Louisa Wall MP
· Guide to making a submission
What do I need to know before making a submission?
If you choose to make a written submission, here are some important points to be aware of:
· All submissions (except for secret evidence—see below) are published on the Parliament website, and submitters should not include contact details in the body of their submission.
· Submitters have the option of requesting that their submission be accepted anonymously, if they are sharing their own personal or sensitive experiences or information. Submitters wanting to do this should contact committee staff. Anonymous submissions are published on the Parliament website, but are labelled as “Anonymous”, rather than with the name of the submitter.
· Submitters have the option of requesting that their submission be treated as private evidence, which can include making an oral submission in private. Submitters wanting to do this should contact committee staff.
· Submitters have the option of requesting that their submission be treated as secret evidence, which is never publicly released and cannot be discussed by MPs outside the committee room. The test for secret evidence is a high one and submitters should contact committee staff to discuss this option.
· If a submission contains an allegation that may seriously damage the reputation of a person who is named or can be identified based on information in the submission, the committee must consider how to handle the submission. This can include giving the affected person a right of response. The committee is keen to hear experiences of unauthorised posting of intimate recordings and how this needs to be addressed, and to do so in a way that is not re-traumatising to victims. It also, however, needs to balance this with the principles of natural justice. Please contact committee staff to discuss your submission if you have any concerns about this.
· Please note committees cannot inquire into allegations of criminal wrong-doing against a person that can be identified, as this is the role of the courts. Please contact committee staff to discuss your submission if it may contain such an allegation.