New Zealand is taking a strong stand against internet bullying. Under a new bill outlawing “harmful digital communications,” the country can punish internet trolls with up to three years of jail time.
In New Zealand, anyone who has been convicted of sending digital communications that cause “serious emotional distress” can face a fine of up to NZ$50,000 (US$33,600) or two years in jail. The penalty increases to NZ$200,000 (US$134,500) for businesses in violation of the law. Furthermore, under an amendment to New Zealand’s Crime Acts, inciting or encouraging another person to commit suicide is punishable with up to three years of prison.
This is of course good news, however, how does one define "serious emotional distress" exactly? I mean there are clear cases at both ends of the spectrum, but where and how does one draw a line?
This is of course good news, however, how does one define "serious emotional distress" exactly? I mean there are clear cases at both ends of the spectrum, but where and how does one draw a line?
I know what you mean. There are people who react too sensitive when someone say's something thoughtlessly, but wasn't trying to be mean.
I would also guess the law would be hard to enforce in "Real Time", but could be added to a sentence or give grounds for a sentence, sadly, after the fact, when it's too late.
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While I applaud the principle of this I usually despair when Lawyers get involved with any sort of technology as they either totally make the wrong laws due to not understanding the technology or create a whole set of other loopholes that people previously wouldn't have known even existed.
It's very difficult to define in legal terms that stand up in the rigour of a Court exactly what is meant by "Trolling" - although we all have some idea of what it is. Also is writing a Nasty letter for example Illegal --if that were so just think how many debt collection and other state / govt / local authorities could be taken to court for "Nasty letters" or "Threatogram" type of stuff (You know the sorts of things --"...Unless .....receive payment in 7 days ...." type of stuff etc.)
In general it's usually best to keep Lawyers well away from anything except as an absolute last resort and just IGNORE any potential harassment.
You also by enabling this type of legislation give Carte Blanche to the authorities to monitor EVERYBODY's Internet etc -- they have the Law saying we need to prove xxxx is a Troll and we can only do that by monitoring ALL traffic.
I think it's bad enough giving security services power already -- giving Civil authorities even more power over this IMO is a step too far -- I think NZ -good intentions but BAD IDEA.
The nice thing about Ten Forums is John has given us tools to deal with people we as individuals feel are trolling(personal feeling, nut not quite sure). we can unsubscribe a thread, and we can "Ignore" a member.
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Hehe, I think it's only for those extreme cases where the victim commits suicide or something. If they're still alive, then no conviction will be made.
NZ of all the countries ? Judging by some shows from NZ I have seen (i think one is called "The Force"), NZ is most lax country for punishment. For most stuff that gets sanctioned over there, in most other countries it would mean lengthy stay behind bars and/or heavy fines but in NZ a slap on a wrist or "Please don't do it again" looks like a norm.
In any case, proving things like that is almost impossible and belongs more to civil laws than criminal.