Trolls No Longer Welcome In New Zealand

An anonymous reader writes: Legislation designed to prevent cyber-bullying has passed its final hurdle in the New Zealand Parliament, making it a crime to send harmful messages or put damaging images online. The Harmful Digital Communications Bill passed 116 to 5. The Register reports: "The bill creates a regime under which digital communications causing 'serious emotional distress' are subject to an escalating regime that starts as 'negotiation, mediation or persuasion' but reaches up to creating the offenses of not complying with an order, and 'causing harm by posting digital communication.' The bill covers posts that are racist, sexist, or show religious intolerance, along with hassling people over disability or sexual orientation. There's also a new offense of incitement to suicide (three years' jail).

Comments

Fee Fees Hurt?

[Anonymous Coward]

I'm offended by this bill and request the politicians be imprisoned.

Re:Fee Fees Hurt?

[jbolden]

We do this with physical pain and damage for centuries. Choke someone for 15 seconds is treated differently than choking them to unconsciousness. If someone starts to show deep outward signs that they are harmed an it is clear the harmer knows this and continues they got prosecuted. The degree of prosecution depends on the degree of harm.

Re:Fee Fees Hurt?

[hey!]

Well, it may interest you to know that courts judging "emotional distress" is not some new Internet fad. In the year 1348 an innkeeper brought suit against a man who had been banging on his tavern door demanding wine. When the innkeeper stuck his head out the doorway to tell the man to stop, the man buried the hatchet he was carrying into the door by the innkeeper's head. The defendant argued that since there was no physical harm inflicted no assault had taken place, but the judged ruled against him [ de S et Ux. v. W de S (1348)]. Ever since then non-physical, non-financial harm has been considered both an essential element of a number of of crimes, a potential aggravating factor in others, and an element weighed in establishing civil damages.

This does *not*, however, mean that hurt feelings in themselves constitute a crime. It's a difficult and sometimes ambiguous area of the law, but the law doesn't have the luxury of addressing easy and clear-cut cases only.

As to why a new law is need now, when the infliction of emotional distress has been something the law has been working on for 667 years, I'd say that the power of technology to uncouple interactions from space and time has to be addressed. Hundreds of years ago if someone was obnoxious to you at your favorite coffeehouse, you could go at a different time or choose a different coffeehouse. Now someone intent on spoiling your interactions with other people doesn't have to coordinate physical location and schedule with you to be a persistent, practically inescapable nuisance.

Does this mean every interaction that hurts your feelings on the Internet is a crime? No, no more than everything that happens in your physical presence you take offense at is a crime.