Evangelists creating online content should be familiar with key legislation like the Harmful Digital Communications Act. We recommend evangelists also consider the Privacy Act when they create online content about people. Privacy is covered in a separate information sheet.
What should evangelists know about online regulation?
Currently the police, the courts, Netsafe and potentially the Broadcasting Standards Authority have formal roles as regulators in the online environment. We anticipate that reform in the online environment is likely.
Broadcasting Standards Act
The Broadcasting Standards Authority (BSA) typically regulates traditional radio or television. Where evangelists’ online content is also broadcast on TV or radio the BSA can hear complaints about whether it breaches the Code of Broadcasting Standards. Recently the government announced its intention to abolish the BSA and investigate options for its replacement. It is unknown how, or if, a new regime will apply to online services.
Harmful Digital Communications Act
The Harmful Digital Communications Act says everyone who communicates digitally must comply with ten communications principles. The principles prohibit certain digital communications including those which disclose sensitive personal facts, threaten or intimidate, incite violence or denigrate individuals based on their colour, race, ethnic or national origins, religion, gender, sexual orientation or disability.
Complaints by individuals that they have suffered harm because of a digital communication may be made to police or to approved agencies such as Netsafe. Harm is defined as serious emotional distress. Sometimes the approved agency will resolve complaints directly with the online publisher. If matters cannot be resolved an affected party may bring civil proceedings to court asking it to grant formal orders. Potential court orders include requiring a publisher to take down offending material, correct a publication or issue an apology.
Where a criminal offence is committed the police may bring a prosecution to court. Criminal offences have serious penalties. Criminal cases involving non-compliance with an order carry a penalty of up to six months imprisonment or a fine up to $5,000. Where harm is caused by posting a digital communication, the potential penalty is up to two years imprisonment or a fine not exceeding $50,000.
Private organisations
Social media companies may restrict evangelists from using platforms when they are perceived to be promoting harmful messages. When a private organisation cancels an evangelist’s subscription or account on an online platform it is difficult to overturn their decision.
New Zealand-based private organisations with broad terms and conditions can set standards their organisation considers are necessary and they are not bound by the NZBORA in the same way as government organisations. However, private organisations are bound by the Human Rights Act and must not discriminate because of religion or ethical beliefs.
How might online regulation apply to evangelists?
Scenario - digital recordings
An evangelist uses a body camera to capture all her interactions while out street preaching, including one-to-one conversations. The evangelist sometimes uploads content from the camera to share her evangelism work on TikTok. On one occasion the body camera records a discussion with a nineteen-year-old young woman who discloses a recent pregnancy and subsequent abortion which she has not spoken to her family about as she is worried how they might react.
To avoid risk of harm to a potentially vulnerable young person, and a breach of the Harmful Digital Communications Act, the evangelist should not upload or share the recording with anyone. There may be serious emotional harm caused if the recording is released or shared.
If the recording were uploaded or shared, whether an offence involving intent to cause harm could be proven would require more information about the circumstances including perhaps whether the evangelist was pressuring the young person in some way. Even if causing harm was not the intention, this scenario could result in civil proceedings under the Harmful Digital Communications Act if harm was caused because the digital recording was shared.
Disclaimer: This information sheet is produced for general purposes only. It does not constitute legal advice or advice of any other kind and should not be relied on as such.
The information sheet summarises material in Evangelism: Legal Guidelines, a resource to inform evangelists about the laws likely to affect public ministry. If this topic is relevant to your ministry, we recommend reading the relevant section in the full guidelines, which are available here.
If you are involved in evangelism and have a question that our guidelines don’t answer, feel free to get in touch by emailing contact@ethosalliance.nz.
