I posted some angry messages about a former friend on social media and now she has complained to the police. She says it amounts to harassment and a breach of a digital communications law. I never threatened her but I was cruel. Could I face charges?
Possibly. The Harmful Digital Communications Act 2015 creates an offence of posting a digital communication with the intention to cause serious emotional distress, where it would cause harm to an ordinary reasonable person in the victim's position. Other offences, such as criminal harassment under the Harassment Act 1997 or threatening, may also apply depending on the content and pattern of behaviour. Separately, a complainant can go to the approved agency, Netsafe, and later to the District Court, which can order content to be taken down and issue other orders. Do not delete anything now, as that could look like destroying evidence, but stop posting and do not contact her. Take legal advice before speaking to police, and consider removing the content only if your lawyer advises it.
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