Application to strike out — legislation commencement date — social media "likes" — Harmful Digital Communications Act 2015, ss 11, 12, 18 & 19 — R v Kelly [1923] NZLR 234. The plaintiff sought applications that 120 postings be removed and that no further postings of a similar nature be made. The three defendants sought to strike out parts of the plaintiff's application. They argued that they had not actually made some of the postings in question, just "liked" them. The Court agreed, reasoning that "likes" are not subject to orders under the Harmful Digital Communications Act (the Act). The Court ordered the parts of the application relating to posts made by non-parties struck out. The defendants also argued that some of the postings were made before the Act came into force, and were therefore not subject to its jurisdiction. The Court agreed and ordered that the relevant postings also be struck out. Finally, the defendants argued that the rest of the application should be struck out because the matter should have been referred straight to Netsafe before being brought to court. The Court declined to strike out the rest of the application because it was not clear which of the postings were referred to Netsafe and when. The Court ordered that the remaining postings not be struck out. Judgment Date: 15 August 2019. * * * Note: names have been changed to comply with legal requirements. * * *