How to improve the Aotearoa New Zealand Code of Practice for Online Safety and Harms? • • Consult and co-operate with other persons and bodies concerned with the protection of human rights. Inquire generally into any matter if it appears to the Commission that the matter involves, or may involve, the infringement of human rights. The establishment of the IAG, and its consideration of the Code through this pilot initiative, closely aligns with the Commission’s statutory mandate. Process The Commission adopted the following process when designing, establishing, and implementing this pilot initiative: • • • • • • • The Chief Commissioner undertook consultations with relevant stakeholders before settling upon and launching the initiative. He appointed six members to the IAG, based on their professionalism, lived experience, robust independence, and exceptional expertise in the field of online harm. The Chief Commissioner chaired the IAG. Between August and November 2023, the IAG met online on three occasions. Between August and October 2023, the IAG wrote several letters to the Chief Executive of NZTech (as the Code’s Administrator) outlining specific issues relating to the Code. The IAG requested that each of these letters be passed to the Code’s signatories, as well as the Chair of the Code’s Oversight Committee. We understand that, as requested, each of the letters was passed on as requested. On 18th September 2023, the Code’s Administrator requested a meeting which took place on 21st September attended by three IAG members and staff of NZTech, Netsafe, and Meta. The meeting was constructive and informative. The IAG received replies to some of its letters in October and November 2023. The IAG considered the information presented in these replies and, as a result, the IAG made significant revisions to what was outlined in its letters and is now reflected in this report. For example, section 2 on te Tiriti o Waitangi has been revised because, at the time the IAG wrote a letter to NZTech about te Tiriti, it was unaware that the latest version of the Code makes specific reference to te Tiriti. Section 2 has been drafted accordingly. The basis of this report does not depart from the scope of issues canvassed in the IAG’s letters to the Code’s Administrator and Oversight Committee. The IAG understands that the Code’s Administrator and Oversight Committee were aware of the content of these letters for one to three months prior to publication of this report. The IAG confirmed on several occasions that if NZTech and colleagues wished to discuss, the IAG was at their disposal. 13

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