David Lillis: Fighting Online Harassment

Online Harassment in New Zealand

While most social media is relatively benign or even positive in intent, we do encounter not only bad language and slights of public figures, but online attacks on private people (Lillis, 2025).

Recently, in New Zealand, various people have attempted to call out online abuse and possible defamation on Facebook, including attacks on a person’s character, integrity and even physical appearance.

In relation to certain episodes, formal complaints have been made to Netsafe and also to Meta, the company that owns Facebook. All social media platforms adopt different guidelines and various ways of approaching complaints. In the end, Meta makes the final decisions on any processes that may or may not be undertaken, and frequently Meta decides not to initiate action. Unfortunately, Netsafe cannot challenge Meta’s decision, despite conceding that the attacks on private persons can be very unpleasant.

For those affected by online harassment, such a result is a frustrating experience, and hence Netsafe recommends reading the relevant community guidelines for social media platforms very carefully, and reporting any further negative content.

Netsafe informs me that responding to online harassment directly often results in further attacks. In any case I recommend that at the very least, those who are harassed online, or whose family members are attacked, submit a complaint to both Netsafe and the Police.

Staying Just Within the Social Media Guidelines

However malicious bloggers or influencers may be on social media, generally they know the limits and remain just within the boundaries set by the platforms themselves. In addition, often their behaviour will not quite meet the thresholds of the District Court. You must be aware of this fact should you, as a target of online abuse, attempt a legal remedy and should you apply for civil orders.

Unfortunately, exposing bloggers directly can actually lead to the blogger suing for defamation, so that great care must be exercised in responding to harassment. Naming or identifying them can backfire very badly, even when the abusive material is available within the public domain.

If you experience a one-off occurrence, then the episode may not be seen to constitute harassment. Nevertheless, you are free to test this possibility by speaking to a lawyer in order to determine whether a legal process is appropriate on the basis of established definitions of defamation.

Netsafe’s Advice  

Netsafe provides the following advice if you, a member of your family or a friend, are attacked on Facebook:

1. Report the Facebook account in question to Netsafe and follow any instructions that they provide

2. Report the Facebook post in question

3. Block, increase your privacy settings, and restrict who can message you to prevent further unwanted contact.

I recommend that you take the initiative rather than allow the abuse to continue unchallenged. So – report both to Netsafe and the Police.

Netsafe’s Actions 

Netsafe may undertake the following actions in response to your report:

1. Provide initial advice in writing

2. Review the reported account against Facebook's Community Standards

3. Escalate the reported account to the platform (Meta) for evaluation

4. Inform you of the outcome of this escalation.

If the situation that you have reported continues, or if you are dissatisfied with the outcome, you may wish to consider applying to the District Court for an order under the Harmful Digital Communications Act (2015). There is no fee for making an application and you can receive help from your local District Court in order to complete the application process. You do not require a lawyer to make an application to the District Court, but nevertheless you may find it useful to do so.  

After conducting its own independent assessment, the District Court will make a decision on the basis of the information that you provide. 

Applying to the District Court

To make an application to the District Court, use the Ministry of Justice form that I provide below (Ministry of Justice, 2025). When you submit your application to the District Court, you must include a Netsafe Summary. Netsafe produces this document for you, on request.

Towards a Better Society

It is very regrettable indeed that some of us have reached this point in New Zealand. Unfortunately, the law is not very effective in dealing with online abuse or harassment, as opposed to hate speech or incitement to violence, and Netsafe needs greater powers if it is to deal effectively with this very serious problem. Indeed, Netsafe informs me that online harassment is widespread in this country.

Let us articulate our views on public life, or on any other issue, politely and on the basis of reason. If we feel strongly on matters of public life and on the desired future of this country, let us attempt change through the power of persuasive argument rather than through the loudness of our voices and our invective.

It takes no courage whatsoever to lash out at private people when the law has limited powers to intervene and when the blogger’s online attacks are supported by dozens or even hundreds of followers. Bad language or nasty comments about public figures do not yet cross the moral or legal threshold, but a moral line is most definitely transgressed when we attack private people and impugn their personal integrity. Such behaviour damages reputations and affects careers.

Unfortunately, those followers and commenters who support abusive online bloggers only encourage further harassment and make matters much worse for those who receive the abuse and have limited means of defending themselves and fighting back. It is not a good look! One way or the other, it is well past time for a refresh in our behaviour online.

References

Harmful Digital Communications Act (2015) 
https://www.legislation.govt.nz/act/public/2015/0063/latest/whole.html 

Lillis, David (2025). Harassing Others Online. Breaking Views.
https://breakingviewsnz.blogspot.com/2025/11/david-lillis-harassing-others-online.html

Ministry of Justice (2025). Applying for a Harmful Digital Communications order
https://www.justice.govt.nz/courts/civil/harmful-digital-communications/applying-for-a-harmful-digital-communications-order/

Dr David Lillis trained in physics and mathematics at Victoria University and Curtin University in Perth, working as a teacher, researcher, statistician and lecturer for most of his career. He has published many articles and scientific papers, as well as a book on graphing and statistics.