Criminal liability for perpetrators of harmful digital communication whose victims commit suicide

Abstract

Set against the prevalence of suicide and harmful digital communication in New Zealand this paper argues that criminal liability is appropriate for perpetrators of harmful digital communication whose victims commit suicide. The circumstances that lead to person ending their life can be a complex range of factors relating to health, family and social pressures. This paper, in recognising that the end result of someone taking their life is by no mean ever caused by one act, asserts that in some contexts the contributory actions of a person are great enough to attract criminal liability. Concluding that liability is possible through the Harmful Digital Communication Act s22 offence provision, s179 of the Crimes Act as aiding and abetting suicide, or s160 of the Crimes Act unlawful act manslaughter.