Over the last week, I've been speaking to individuals about the upcoming legislative programme in the House, and mentioned this bill and some of the horrific examples of posting intimate recordings that have occurred in New Zealand and overseas. My most frequent response was "Seriously—isn't this already an offence?" Unfortunately, the answer at present is "Well, maybe."—maybe. The reason it's a "maybe" is because of the high and largely subjective threshold for establishing a breach of the current Harmful Digital Communications Act. Under the Act, posting offensive material is an offence only where three parts of a test are met, and those parts are: where the person posts a digital communication with the intent to cause harm to the victim, where posting the communication would cause harm to an ordinary reasonable person, and where posting the communication actually causes harm to the victim. 