Exercise in Fuqwittery...

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Exercise in Fuqwittery...

Postby Screw » Fri May 30, 2014 8:16 pm

Harmful Digital Communications Bill .

As part of our ongoing look at elements of the Harmful Digital Communications Bill (general critique and safe harbours), we now turn to the new offence of causing harm by posting digital communication (section 19). This is a criminal offence and is not related to the rest of the bill with its 10 principles, Approved Agency and quick-fire District Court remedies. It's quite simple:

(1) A person commits an offence if:

the person posts a digital communication with the intention that it cause harm to a victim; and
posting the communication would cause harm to an ordinary reasonable person in the position of the victim; and
posting the communication causes harm to the victim.
"harm" is defined in the interpretation section as "serious emotional distress".

Unfortunately this new offence is actually very wide and may well capture many communications that are of immense value to society - or at least shouldn't be made illegal.

Let's consider the case where someone takes a photo of a politician receiving a bribe and, shocked at their corruption, posts that photo to the internet. This communication would:

be posted with the intention of harming the victim (the prospect of facing criminal charges or being obliged to resign could be assumed to cause the victim distress).
would cause harm to any reasonable person in the position of the victim (any reasonable person would not like having evidence of their criminal corruption exposed to the world).
could be easily proved to have caused harm (serious emotional distress) to the victim.
The penalty? Up to 3 months in jail or a fine not exceeding $2000.

Read more about it here; http://techliberty.org.nz
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Re: Exercise in Fuqwittery...

Postby aardvark_admin » Fri May 30, 2014 9:58 pm

So much for the "good keen man" image of Kiwis.

The courts will be littered with grown men claiming "he hurt my feelings your honour" and the crown will make a small fortune by fining all those nasty mean people who no longer have the right to voice an honest opinion and exercise free speech.

First they took our right to privacy...

Then it was our right to honest opinion and free speech...

What's next?
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Re: Exercise in Fuqwittery...

Postby Screw » Fri May 30, 2014 11:06 pm

Which reminds me, where's our Judy Collins? Playing hide and seek? Poor girl she needs another taxpayer holiday because of the stress!
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Re: Exercise in Fuqwittery...

Postby aardvark_admin » Sat May 31, 2014 8:40 am

Hey Screw, if this bill becomes law, can we claim (should we infringe it) that we weren't acting illegally -- only "unlawfully".

You'll note that when our masters or their minions break the rules it's deemed "unlawful" and no sanctions are handed out -- but if *we* dare to break it, it's illegal and we're fined or imprisoned.

Isn't there something wrong with that picture?
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