Your Rights

Cyberbullying

What is cyberbullying?

Online bullying, which is also called cyberbullying, involves someone using technology to hurt or embarrass someone else. Cyberbullying can take many forms, including when someone puts something online that:

• Tries to get someone else to hurt themselves;
• Is an intimate image that they do not have permission to share (learn more here)
• Encourages other people to send harmful messages to someone;
• Most people would think is very offensive;
• Shares someone’s sensitive private information without their permission;
• Makes a false allegation about someone;
• Shares confidential information about someone without their permission;
• Puts someone down because of their colour, race, ethnic or national origins, gender, religion, sexual orientation, or disability;
• Is indecent or obscene;
• Threatens to hurt someone or damage their property.

How can cyberbullying affect me?

Digital content can be shared and seen by a lot of people almost immediately and it can be difficult to get the content deleted permanently. Access to technology means that cyberbullying can happen at any time, in any place, and by and to anyone. Like regular bullying, cyberbullying can make people feel sad, angry, anxious, uncomfortable, worried or scared.

If something online makes you feel bad, you should speak with someone you trust who can help you, like a friend, family member, teacher, counsellor, or other trusted adult.

What can I do if I am being cyberbullied?

• Don’t reply: Especially to messages from phone numbers, profiles or people you don’t know.
• Don’t attack the person back: Avoid giving the bully the satisfaction of a reaction.
• Have a conversation: If you are comfortable, try talking to the person privately about what they have said or done.
• Talk to someone: Talking to friends or whānau can make you feel better, or you can reach out to counselling services.
• Save messages and images: Take screen shots of the bullying in case you need evidence later. Find out how here.
• Cut off the person bullying you: Block their phone number, or block them on social media. Use privacy settings to protect what you publish.

I sent a nude photo/video, thinking it would remain private. The other person is now threatening to share it, what can I do?

If someone is threatening to share a nude photo or video of you without your permission, they could be committing a criminal offence under the Harmful Digital Communications Act. You can contact the police on 111.

I sent a nude photo/video, thinking it would remain private. It has been shared to other people, what can I do?

Someone else should not share your intimate photos or videos without your permission. If they do, this is online sexual harassment and is a criminal offence under the Harmful Digital Communications Act. You should contact the police on 111.

Someone told me I should commit suicide, is that a crime?

It is a crime to encourage someone to commit suicide, even if the person does not attempt to take their own life.

If this happens to you, speak to a trusted friend or adult. Youthline offers free counselling by texting 234 or calling 0800 376 633. You can also consider informing the police by calling 111.

I know about cyberbullying happening at my school, what should I do?

Schools in New Zealand should be safe places for students. If you know about bullying at your school, you should tell a teacher or your dean about it — they should try to stop the bullying.

Is cyberbullying a crime?

Serious cases of cyberbullying are illegal under the Harmful Digital Communications Act 2015. These could be things like leaked nudes, telling someone to kill themselves, and extremely offensive, abusive or harassing content. If someone is found guilty of cyberbullying, they could be fined up to $50,000 or imprisoned for up to two years (note that these are the maximum penalties).

The police might prosecute a person if:

• they intended their online communication to cause harm; and
• it is reasonable to expect that a person in the position of the victim would be harmed by the communication; and
• the victim suffered serious emotional distress.

How do I complain about cyberbullying?

NetSafe offers a free service in New Zealand to help with online bullying, harassment and abuse. If you or someone you know needs help, contact NetSafe by texting ‘Netsafe’ to 4282, or calling them on 0508 NETSAFE (0508 638 723).

If you are concerned about the immediate safety of you or someone else, call the police on 111.

Should I go to the police about cyberbullying?

You can contact the police if cyberbullying threatens harm, like hurting or fighting, or if you are being threatened by the release of nudes or other embarrassing content. These things are against the law. Save the evidence (a screenshot will usually be enough) and contact the police on 111.

How can I avoid communicating in a harmful way?

To avoid communicating in a harmful way, make sure that your online communications do not:

1. share sensitive personal information about anyone;
2. threaten or intimidate anyone;
3. grossly offend a reasonable person in the position of anyone your communications affect;
4. come across as indecent or obscene;
5. harass anyone;
6. make a false allegation;
7. contain information that you haven’t got permission to share;
8. encourage anyone to send a message for the purpose of causing someone else harm;
9. encourage anyone to commit suicide; or
10. degrade anyone because of their colour, race, ethnic or national origins, religion, gender, sexual orientation, or disability.

Where can I get help if I’m being cyberbullied?

ICON is a student-led anti-cyberbullying programme. Check out their website for more information and tips about cyberbullying.

NetSafe also provides information, advice and support about online safety issues. Their website is helpful (https://www.netsafe.org.nz), or you contact them for free by texting ‘Netsafe’ to 4282, calling 0508 NETSAFE (0508 638 723), or emailing queries@netsafe.org.nz.

If you need legal help, you can give us a call or email at YouthLaw.