Without notice application — take down orders —social media — fake accounts — intimate photographs — Instagram — Snapchat — online content hosts — Harmful Digital Communications Act 2015, ss 6, 12, 17, 18 & 19 — New Zealand Bill of Rights Act 1990. This was a without notice application for take down orders for publicly accessible material on the two respondents' host sites; an order telling the court who sent communications; publication of correction; right of reply; and identification of an anonymous communicator. The applicant claimed several fake online accounts on Instagram and Snapchat, online social media content hosts, had been set up pretending to be the applicant and had posted intimate photos, videos and conversations online without her consent. Family members, friends and strangers had queried her about the material. The applicant had approached the police and subsequently Netsafe. For a court to grant orders under ss 18 or 19 of the Harmful Digital Communications Act 2015 (HDCA) it must be satisfied that there has been a serious breach of one or more Communication Principles and that the breach has caused or is likely to cause harm to an individual. Netsafe assessed breaches of Principles one and five, being that a digital communication should not disclose personal facts about an individual and should not be used to harass an individual. The applicant had suffered mentally, emotionally and physically as a result of the postings. She underwent counseling and suffered from depression, suicidal thoughts, and weight loss and had to take time off work as a result. The Judge also noted that, pursuant to s 6(2)(b) of the HDCA, in determining the breaches of the Communication Principles, a court had to act consistently with the rights and freedoms under the New Zealand Bill of Rights Act 1990. The Judge determined that the threshold for orders under ss 18 and 19 were met, but given that the respondents had already taken down most of the material, interim orders were not necessary. The producer of one Instagram profile was still to be identified. If necessary, the matter could be referred back to the Judge. The Judge made a name suppression order for the applicant. Judgment Date: 17 June 2020. * * * Note: names have been changed to comply with legal requirements. * * *