New zealand’s medico-legal approach to digital harm: innovation or continuation of traditional responses?

Abstract

This socio-legal commentary examines the growing issue of digital harm within New Zealand’s healthcare system, focusing on recent cases that illustrate the medico-legal system's response to this phenomenon. It investigates various instances to highlight the nature of digital harm in health contexts, questioning whether these incidents represent a novel form of harm enabled by new technologies or merely a reexpression of traditional unethical or unprofessional conduct. The commentary assesses the adequacy of New Zealand’s existing medico-legal framework in addressing digital harm and explores whether new legal or policies are necessary. The analysis indicates that current rights and disciplinary mechanisms can effectively handle cases where individuals suffer harm, leveraging established processes. However, the study identifies gaps in the framework, particularly concerning unregistered health providers and harm affecting professions or groups. It notes that these gaps may leave certain vulnerabilities unaddressed, as unregistered practitioners fall outside disciplinary oversight, and collective harm lacks clear remedies. Looking ahead, the commentary suggests that emerging challenges, such as misinformation and vaccine denial related to COVID-19, could test the system’s resilience. Given the limited research on digital harm in New Zealand’s health sector, this work aims to lay the groundwork for future studies, offering insights into the evolving intersection of digital technology and medico-legal accountability.