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Jones v Online Content Hosts [2019] NZDC 14047

Published 18 February 2020

Application for orders — prohibition on contact — harassment — threats — obscene content — Harmful Digital Communications Act 2015, ss 11(1)(a), 12, 17(3) & 19. The plaintiff made an application asking that content hosts WhatsApp, Gmail and Hangouts identify and block a person who had been repeatedly contacting her. The Court found that the messages breached several of the Harmful Digital Communications Act's communication principles, in that they were threatening, indecent, and amounted to harassment. However it was not clear on the evidence that the messages had caused or were likely to cause harm to the plaintiff, or whether or not the sender was able to carry out the threats contained in the messages. The Court ordered that a technical advisor be appointed to advise the court on matters including whether the content hosts would be able to identify who was sending the messages, and whether the sender could be permanently blocked from contacting the plaintiff. The plaintiff was also to provide firmer evidence on the harm she claimed to have suffered and whether she had a good reason to believe that the sender was able to carry out his threats. The Court also made an order suppressing the plaintiff's name. Judgment Date: 22 July 2019. * * * Note: names have been changed to comply with legal requirements. * * *

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