How to improve the Aotearoa New Zealand Code of Practice for Online Safety and Harms? In short, in the era of human rights implementation, context matters. The discussion paper Safer Online Services and Media Platforms was published by the Department of Internal Affairs (DIA) in June 2023. Consistent with human rights requirements, the paper underlines the importance of context, for example it says, “Codes should reflect our domestic context”5 and: It is important that the new regulatory framework reflects New Zealand’s unique cultural and social perspectives, and that it is grounded in Te Tiriti o Waitangi. The new regulatory framework would aim to achieve outcomes that reflect Māori perspectives, needs, and aspirations.6 The IAG recognises that, The Code was developed by Netsafe in collaboration with industry and in consultation with Māori advisors, Government, civil society, and the public.7 Here, however, we are not focussing on the process by which the Code was developed. We are focussing on the degree to which the Code explicitly acknowledges and reflects the unique context of Aotearoa. The IAG also appreciates that the Code is not silent on the unique context of Aotearoa, for example, it says: The Code encapsulates four principles drawn from values and concepts sourced in te ao Māori, to honour and reflect the unique indigenous culture of Aotearoa New Zealand and to serve as the basis for inclusion of our diverse internet user communities.8 The Code recognises the importance of te Tiriti o Waitangi, as we discuss in the next section. The Code also confirms, Supported by a broad range of digital platforms, the Code was designed for organisations providing online services to people in Aotearoa New Zealand.9 We understand the Code “was designed for organisations providing online services”; we also want to be sure the Code is designed for everyone, and all communities, in Aotearoa New Zealand. In the IAG’s view, a more detailed and nuanced appreciation of the country’s historical, demographic, economic, social, cultural, environmental, and legal context will help the Code strengthen online safety for everyone, and all communities, in the unique context of Aotearoa New Zealand. 5

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