Latest news with #HarmfulDigitalCommunicationsAct
Otago Daily Times
16-05-2025
- Otago Daily Times
Gardener with mother issues sexted 88-year-old
A Dunedin gardener who sent raunchy messages to an octogenarian says he did it because she reminded him of his dead mother. Geoffrey Lyn Sinha, 50, appeared in the Dunedin District Court yesterday for what Judge Michael Turner called "the most troubling case". "This man seems to want to sleep with a mother figure ... when you look at all the various comments he's made," the judge said. "I'm concerned about the risk this man poses to vulnerable members of the community." Sinha previously pleaded guilty to a charge of breaching the Harmful Digital Communications Act and was scheduled to apply for a discharge without conviction yesterday. Counsel Karlena Lawrence, however, indicated that would not be pursued. Judge Turner duly convicted Sinha of the charge but refused to sentence him because of a dearth of information. The court, he ruled, needed an "in-depth" psychological or psychiatric analysis of the defendant to determine how best to proceed. Sinha set up a gardening business in 2023 and began working for the 88-year-old victim the following year. At one point he sent her a photo of a woman dressed in "clothing associated with royalty" but later apologised and the victim shrugged it off. Later, however, his communications took on a lewd tone. "I want to lie with you," one of the tamer messages said. He also sent the victim a 39-second video of himself naked on his couch, performing an erotic act. The victim felt "disrespected, scared and completely shocked", according to court documents. While Sinha's crime was unusual, it was his variety of explanations that confounded the judge. Initially, he told police he simply misread the situation. "What situation was there to misread?" Judge Turner asked. The pair had previously exchanged pleasantries and shared a cup of tea but there had been nothing to hint at an intimate connection. Later, Sinha said the victim had a connection to his dead mother — who would have been the same age, and had worked in the same field — and "it all became distorted". His devotion to his mother Glennis was so strong that he had recently changed his name to "Glen", the court heard. When pressed by Probation to elaborate on his thinking, the defendant struggled to provide any clarity. "Your guess is as good as mine," he said. Sinha blamed his pursuit of the woman nearly 40 years his senior on his use of alcohol, medicinal cannabis and several months of watching pornography. He also cited recently turning 50 as well as his deteriorating relationship with his children as reasons behind his odd behaviour. In an affidavit before the court, Sinha said he had been sentenced to three years' hard labour (suspended) for drug importation in 2016 when he lived in Japan. He wrote that he had been to Europe to organise a conference when he stopped in Amsterdam on the way home, attempting to smuggle hashish into his adopted homeland. Sinha said he was having marital problems at the time. "His response to personal crises is to commit offences," Judge Turner said. "I think the court needs far more information about this man before anything can be done." Sinha was remanded on bail until sentencing in July. He continued to advertise his gardening services around Otago on social media as recently as March and told the Otago Daily Times yesterday's hearing was "a positive result". He hung up the phone when asked for further comment.
Otago Daily Times
15-05-2025
- Otago Daily Times
Victim reminded man of his dead mother, court hears
A Dunedin gardener who sent raunchy messages to an octogenarian says he did it because she reminded him of his dead mother. Geoffrey Lyn Sinha, 50, appeared in the Dunedin District Court yesterday for what Judge Michael Turner called "the most troubling case". "This man seems to want to sleep with a mother figure ... when you look at all the various comments he's made," the judge said. "I'm concerned about the risk this man poses to vulnerable members of the community." Sinha previously pleaded guilty to a charge of breaching the Harmful Digital Communications Act and was scheduled to apply for a discharge without conviction yesterday. Counsel Karlena Lawrence, however, indicated that would not be pursued. Judge Turner duly convicted Sinha of the charge but refused to sentence him because of a dearth of information. The court, he ruled, needed an "in-depth" psychological or psychiatric analysis of the defendant to determine how best to proceed. Sinha set up a gardening business in 2023 and began working for the 88-year-old victim the following year. At one point he sent her a photo of a woman dressed in "clothing associated with royalty" but later apologised and the victim shrugged it off. Later, however, his communications took on a lewd tone. "I want to lie with you," one of the tamer messages said. He also sent the victim a 39-second video of himself naked on his couch, performing an erotic act. The victim felt "disrespected, scared and completely shocked", according to court documents. While Sinha's crime was unusual, it was his variety of explanations that confounded the judge. Initially, he told police he simply misread the situation. "What situation was there to misread?" Judge Turner asked. The pair had previously exchanged pleasantries and shared a cup of tea but there had been nothing to hint at an intimate connection. Later, Sinha said the victim had a connection to his dead mother — who would have been the same age, and had worked in the same field — and "it all became distorted". His devotion to his mother Glennis was so strong that he had recently changed his name to "Glen", the court heard. When pressed by Probation to elaborate on his thinking, the defendant struggled to provide any clarity. "Your guess is as good as mine," he said. Sinha blamed his pursuit of the woman nearly 40 years his senior on his use of alcohol, medicinal cannabis and several months of watching pornography. He also cited recently turning 50 as well as his deteriorating relationship with his children as reasons behind his odd behaviour. In an affidavit before the court, Sinha said he had been sentenced to three years' hard labour (suspended) for drug importation in 2016 when he lived in Japan. He wrote that he had been to Europe to organise a conference when he stopped in Amsterdam on the way home, attempting to smuggle hashish into his adopted homeland. Sinha said he was having marital problems at the time. "His response to personal crises is to commit offences," Judge Turner said. "I think the court needs far more information about this man before anything can be done." Sinha was remanded on bail until sentencing in July. He continued to advertise his gardening services around Otago on social media as recently as March and told the Otago Daily Times yesterday's hearing was "a positive result". He hung up the phone when asked for further comment.
NZ Herald
12-05-2025
- NZ Herald
‘Confession pages' an online challenge for Auckland schools Tāmaki College and Tangaroa College
Tangaroa College principal Chris Bean said he found out about the 'Tangaroa Confessions' page during the school holidays from parents. 'As soon as we found out, we made the community aware. We also shared our concern with our Year 13 student body, and we were as proactive as we could be to put a stop to it. 'We wanted to nip it in the bud while we could so it didn't spread to the to the lower levels.' Confession pages have been popping up on Facebook and Instagram for about a decade. Overseas, they started on university campuses but quickly filtered down to high school students. In Aotearoa, people commenting on Facebook say confession pages are happening at other secondary schools and intermediates. Bean said he believed it was the first time it had happened at the school, and it was 'just a handful' of Year 13 students. Even though the confessions pages had involved older students who would not be included in the government's proposed social media ban, it would still be a good move, he added. 'I think it would be a positive initiative. It just take away that unnecessary distraction for our young ones. It would also allow them not to feel they could communicate in such negative ways and still be hidden from who they are when they make those comments.' Last year's phone ban had helped, he added, but it was only enforced within the school grounds. Tamaki College tuamaki Soana Pamaka would not speak to RNZ about the Tamaki Confessions page but in a letter posted on the school's Facebook page, she said some 'very hurtful' comments about students had been posted by others. Both schools were working with Netsafe, which helps persuade platforms and content producers to remove harmful content. The Tamaki Confessions page had popped up again several times since then. In a statement Netsafe chief executive Brent Carey said he could not comment on the two cases due to a 'confidential complaint process' but Netsafe was 'committed to ensuring a safe online environment for everyone'. Ministry of Education hautū (leader) for operations and integration Sean Teddy said cyberbullying not only caused emotional harm, it was also a serious offence. 'Schools/kura take reports of cyberbullying involving their students very seriously. Cyberbullying remains one of the most significant online safety issues facing young people today. It can cause serious harm and emotional distress, and under New Zealand's Harmful Digital Communications Act, it is illegal to post or send digital communications that deliberately cause serious emotional harm to others. 'In this case we are aware that the schools are working with Netsafe and we have offered our support, if required. 'We also recognise the vital role of parents and caregivers in promoting safe and responsible use of digital platforms. Families are encouraged to have open conversations with their children about their online experiences, set clear expectations and foster a culture of trust and dialogue, creating an environment where young people feel empowered to speak up is key to tackling cyberbullying.' Police said they were aware of the 'wider situation' at both schools, but had not received any formal reports.
NZ Herald
08-05-2025
- NZ Herald
Palmerston North hydroponics retailer takes Reddit to court to take down posts and unmask user identities
While they have their suspicions about who might be behind the posts, they can't prove it because users on the forum aren't required to use their real names. Some of the posts, which are all live on a subpage of the website called r/NZtrees, where users generally share tips on how to grow cannabis, are almost three years old. The case is being heard in the Palmerston North District Court where Cozens and Eales have sought an order for Reddit to take down the posts, to publish a correction, and to give the pair a right of reply in a way the court determines. All these remedies are available to the court under the Harmful Digital Communications Act. Cozens and Eales are also seeking an order that Reddit tell the court who the anonymous posters are, however, such an order can only be made to an Internet Protocol Address Provider (IPAP), also known as an Internet Service Provider. Their application did not identify a specific IPAP that would be subject to the order if it were to be made by the court. At a hearing on the matter held in March, Cozens told the court that Reddit was operating in New Zealand, but had no physical office in the country as far as he was aware. 'If Reddit is doing nothing to allow these posts to continue…then how are we allowing them to operate in NZ?' he asked. 'In the meantime, my business is suffering, and people have lost their jobs.' Judge Stephanie Edwards advised at that hearing that there was an extent to which New Zealand law could apply overseas. 'There are plenty of companies that operate here that aren't based here,' she said. Following the hearing, Judge Edwards ordered that a technical adviser be appointed to assess the feasibility of the orders Cozens and Eales were seeking, and how realistic it would be to enforce those orders. Today, the case returned to court, and lawyers for Reddit submitted that it had proactively removed nine of the posts which they considered had violated its rules. However, they advised that others remained up and Reddit would not be disclosing the identities of its users. Advertisement Advertise with NZME. Judge Edwards offered Cozens the opportunity to withdraw his claim on the basis that Reddit had removed some of the posts, and warned him that if he lost in court, he'd be liable to pay legal fees. Cozens, who is self-represented, said he understood the potential consequences and opted to continue his case. The court's technical adviser returned his report, but only ten minutes before the hearing began. Given the parties and the judge had limited time to consider the report, Judge Edwards scheduled another hearing for a later date. Cozens asked what would happen in the meantime, and claimed that he would continue to be the subject of abuse on the website. He claimed he was getting 'hammered daily' by these kinds of posts, and Reddit doesn't do anything about it. 'The post is absolutely disgusting. I'm getting this daily, they're not.' Reddit's lawyers offered to provide Cozens with a direct email to help him report posts and comments on the site.
Newsroom
02-05-2025
- Business
- Newsroom
Kiwi businessman takes Reddit to court for $1.6m over ‘defamatory' posts
The owner of a hydroponics company wants to have Reddit shut down in New Zealand after a customer launched an online campaign against his business on the social media platform. Tayte Cozens, owner and director of Home Grown Kiwi, filed an order against Reddit under the Harmful Digital Communications Act, at the Palmerston North District Court in March. The order hinges on his claims that the social media giant had breached two of the Act's principles: that a digital communication such as a social media post should not be used to harass an individual, and should not make a false allegation.
