Why this happens

Intimate images shared inside a relationship survive long after the relationship ends. The most common trigger is a contested breakup, a new partner, or financial dispute.

Most leaks are first posted to platforms the perpetrator believes are anonymous. They rarely are. Account metadata, IP logs, and payment records routinely identify the source.

Legal framework in New Zealand

Harmful Digital Communications Act 2015, sections 22 (causing harm by posting digital communication) and 22A (posting intimate visual recording without consent). Section 22A: up to 3 years imprisonment for individuals. Section 22 general offence: up to 2 years.

New Zealand's HDCA created a hybrid regime: Netsafe as the statutory triage agency, the District Court as the order making body, and a specific intimate image offence at s.22A added in 2022 carrying up to 3 years.

Evidence to preserve

Do not: Do not contact the ex partner before evidence is preserved and notices are filed. Confrontation gives them time to delete content and craft a denial.

Five step removal process

  1. 1

    Preserve all evidence first

    Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content.

  2. 2

    File the Harmful Digital Communications Act 2015 criminal complaint

    Report to local police or the national cybercrime unit. Netsafe can assist.

  3. 3

    Submit an erasure request under Privacy Act 2020 (right to access and correct, plus information privacy principle 5)

    Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. Privacy Commissioner accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every additional copy

    Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.

  5. 5

    File TAKE IT DOWN Act notices for covered platforms

    Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.

Statutory citations to include in your complaint

Frequently asked questions

Is leaked by ex a crime in New Zealand?

Yes. Harmful Digital Communications Act 2015, sections 22 (causing harm by posting digital communication) and 22A (posting intimate visual recording without consent) criminalises this conduct. Section 22A: up to 3 years imprisonment for individuals. Section 22 general offence: up to 2 years.

What evidence should a New Zealand victim of leaked by ex preserve?

Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content. Any direct messages, texts, or emails from the ex partner referencing the content. The original image metadata if you still have the source file, which can prove provenance.

Does Privacy Act 2020 (right to access and correct, apply to this scenario?

Yes. Privacy Act 2020 (right to access and correct, plus information privacy principle 5) gives the victim a direct erasure right against any platform processing the imagery. Privacy Commissioner enforces non compliance.

What support is available in New Zealand for leaked by ex?

Netsafe provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.netsafe.org.nz.

Can a New Zealand victim also file a US TAKE IT DOWN Act notice?

Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Harmful Digital Communications Act 2015 and Privacy Act 2020 (right to access and correct, plus information privacy principle 5).

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