By Cassandra Mudgway* of 
Photo: 123RF / Rawpixel Ltd
Analysis: Women MPs are increasingly targets of misogynistic, racist and sexual online abuse, but New Zealand's legal framework to protect them is simply not fit for purpose.
Recently released research found online threats of physical and sexual violence have caused those MPs to feel fearful, anxious and distressed. Some included in the study said the harassment led to them self-censoring, using social media less often, and considering leaving politics early.
But the current legal framework is not well equipped to address the nature or volume of the online harassment aimed at MPs.
Serious online threats made by identifiable individuals can be criminal offences under the Crimes Act 1961. Similarly, the new stalking law, expected to pass later this year, will create some protection for women MPs from online harassers - as long as the stalker can be identified.
Under the Harmful Digital Communications Act 2015, victims of online harassment can ask the court for protection from the person harassing them, which can include orders to stop all contact. But once again, police need to be able to identify the perpetrator.
And that is the sticking point. Online abuse is usually committed anonymously and often by perpetrators using a VPN service that encrypts internet traffic and protects their online identity.
Also, the Harmful Digital Communications Act was not drafted to deal with volumetric harassment - a coordinated effort designed to overwhelm and intimidate a target through a deluge of online interactions.
These campaigns typically involve a large number of participants who collectively flood someone with abusive, threatening or harmful messages. Reporting and attempting to take action on every single message or comment is simply not practical.
Green Party MP Kahurangi Carter, Labour MP Willow-Jean Prime, and ACT MP Karen Chhour. Photo: Supplied / Angelina Saunders
The way forward
Despite the challenges, there are some steps the government can take to improve the law to better protect MPs.
Firstly, any new law needs to be fit for purpose. The technological landscape is very different now to when the Harmful Digital Communications Act was introduced in 2015.
New Zealand should consider following the European Union's example and criminalise inciting, aiding and participating in mob-style or mass online harassment campaigns. In the EU, the penalty for this can include imprisonment.
Much of the online abuse originates on social media platforms. But unlike the United Kingdom and Australia, New Zealand does not currently regulate social media.
In the UK, for example, the Online Safety Act 2023 makes social media companies legally responsible for user safety. Companies must minimise risk of harm (including online violence) when designing, implementing and using any technology on their platforms. Failing these legal duties will incur significant financial penalties.
The UK's framework shifts the burden of online safety off the shoulders of individual victims and places it on social media companies which are better positioned to remove harmful content and users swiftly. The rules also alter how new technology is implemented to better protect user safety.
Green Party co-leaders Chlöe Swarbrick and Marama Davidson. Photo: RNZ / Reece Baker
Dust off past proposals
Under the previous Labour government, the Ministry of Internal Affairs proposed a new, independent regulatory body to promote online safety, with industry standards and codes of practice. The current coalition government scrapped the proposal last year, leaving New Zealand without a clear plan to address online harm.
Political leaders should urgently reconsider the Internal Affairs proposal for social media regulation. But they should also go further.
My research evaluating responses to online abuse in New Zealand, Australia and the UK has highlighted the importance of addressing underlying social and cultural causes of online gender-based violence.
To effectively prevent online violence against women MPs, a new regulatory framework should require social media platforms to actively challenge and modify harmful gender stereotypes embedded in their services.
This includes conducting comprehensive risk assessments during the design, development, deployment and use of their platforms.
While the recent revelations about online abuse directed at women MPs makes for grim reading, it's clear there are steps the government can take to ensure all MPs feel safe to participate in the political process.
*Cassandra Mudgway is a senior lecturer in Law at the University of Canterbury.
