Laws & PolicyFriday 18 October 2024via New Zealand Government

New Zealand passes Online Safety Bill requiring platform duty of care

Guardii Analysis

New Zealand's parliament passed the Online Safety Bill on 18 October 2024, establishing a statutory duty of care for online platforms to protect users, particularly children, from harmful content including child sexual abuse material, content promoting self-harm and suicide, and violent extremism. The legislation creates enforcement powers for the Department of Internal Affairs, including the ability to issue takedown notices, require platforms to implement safety measures, and impose fines of up to 10 per cent of global revenue for non-compliance, with the law expected to take effect in mid-2025.

Duty-of-care frameworks impose an obligation to prevent harm but leave the mechanism to the platform. Detection systems that operate at the point of contact, before harmful material reaches a vulnerable user, provide a compliance pathway that aligns with the protective intent of New Zealand's new law: Guardii's AI-driven monitoring identifies grooming, sextortion, CSAM distribution, self-harm ideation and acute distress signals in direct messages in real time, blocking hostile contact and surfacing a child in crisis to a parent, school or professional without creating a readable surveillance feed, meeting the statutory duty to prevent exposure to harmful content while preserving operational privacy and enabling rapid escalation to the Department of Internal Affairs or other authorities when intervention is required.

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