Published 07 March 2022
Application for orders — encouragement of suicide — Harmful Digital Communications Act 2015, ss 11, 12, 18 & 19 — Harmful Digital Communications Rules 2016, r 17(1)(b) — District Court Rules 2014, rr 10.3 & 10.4. The applicant alleged that the respondent had been sending her abusive digital communications on various platforms over six months. Therefore the applicant sought orders requiring the respondent to cease or refrain from sending further digital communications; to refrain from encouraging others to send similar communications; and to publish an apology. Having examined some of the messages that were presented as evidence, the Court found that the respondent had breached several of the communication principles in the Harmful Digital Communications Act: the messages were threatening, intimidating or menacing; were grossly offensive; were used to harass the applicant; incited or encouraged the applicant to commit suicide; and denigrated the applicant by reason of her national origins. The Court accepted the applicant's evidence that the messages had caused her serious emotional distress. The Court ordered that the application proceed on notice to the respondent, and made interim orders that the respondent refrain from posting or sending messages to the applicant; that she not post or send any messages that referred to the applicant in any way; and that she not encourage any other person to send similar messages to the applicant. The Court made directions on how the substantive hearing was to proceed. Judgment Date: 9 June 2021. * * * Note: names have been changed to comply with legal requirements. * * *
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