Sexting, nudes and the law in New Zealand

Adults sexting and swapping nudes with each other, by choice, is legal in New Zealand. What's illegal is sharing someone's intimate image without their consent, and anything at all involving under-18s. Here's how it works.

General information, not legal advice. For a specific situation, talk to Netsafe, the Police or a lawyer.

The offence

Section 22A of the Harmful Digital Communications Act 2015 makes it an offence to post an intimate visual recording of someone, without reasonable excuse, when you know they haven't consented, or when you're reckless about whether they have.

"Posting" is broad. Sending a nude to one friend counts, not just uploading it publicly.

• The Police don't have to prove harm. The Ministry of Justice notes the sharing itself is the offence.
• Under-18s: any sexual image of a person under 18 can be objectionable material under NZ censorship law. Never create, ask for, keep or pass one on. Someone under 16 can't consent to an intimate image being posted at all.

The penalties

Up to 2 years in prison or a $50,000 fine for an individual, and up to $200,000 for a company. A judge can also order the image taken down.

What consent means

• Someone sending you a nude is not consent to show anyone else.
• Agreeing once is not agreeing forever.
• Consent to a photo being taken is not consent to it being shared.

Test before you send anything with another person in it: would they be happy, right now, knowing exactly who's about to see this? Not sure? Don't send it.

How Chatroom handles photos

• Photos only work in private messages between contacts who have both switched R18 on.
• The receiver has to allow photos from you first, one person at a time.
• Every photo comes with a declaration that you're in it, or everyone in it is an adult who agreed.
• Photos arrive hidden, can be unsent, have location data stripped, and delete themselves after a few days.
• Reported photos are hidden from both people straight away.

Our AI chat companions never send or ask for photos.

If your nudes have been shared

1. It's not your fault. The person who shared them broke the law.
2. Keep evidence: screenshots, the account, dates and times.
3. Report it where it was posted. On Chatroom, use Report or our complaints page; we act within 48 hours.
4. Contact Netsafe for help getting it removed: netsafe.org.nz/report or 0508 638 723.
5. Talk to the Police on 105, or 111 if you're being threatened.