Section 85 — Tort of online impersonation

(1)A person (X) must not conduct any online activity that constitutes online impersonation if the online activity is likely to cause a victim harassment, alarm, distress or humiliation.

(2)If X contravenes subsection (1), the victim of the online impersonation may bring civil proceedings in a court against X.

(3)In any proceedings mentioned in subsection (2), it is a defence for X to prove —

(a)that X’s conduct was reasonable; or

(b)that X had reasonable grounds to believe that the victim consented to the online impersonation.

(4)In this section, “victim”, in relation to online impersonation, means the victim mentioned in section 15.