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ONLINE SAFETY ACT 2021 - SECT 114 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service

ONLINE SAFETY ACT 2021 - SECT 114

Removal notice given to the provider of a social media service, relevant electronic service or designated internet service

  (1)   If:

  (a)   material is, or has been, provided on:

  (i)   a social media service; or

  (ii)   a relevant electronic service; or

  (iii)   a designated internet service; and

  (b)   the Commissioner is satisfied that the material is class 2 material covered by paragraph   1 07 (1)(a), (b), (c), (d) or (e) ; and

  (c)   the material can be accessed by end - users in Australia; and

  (d)   the service is not:

  (i)   an exempt Parliamentary content service; or

  (ii)   an exempt court/tribunal content service; or

  (iii)   an exempt official - inquiry content service; and

  (e )   the service is provided from Australia ;

the Commissioner may give the provider of the service a written notice, to be known as a removal notice , requiring the provider to:

  (f )   take all reasonable steps to ensure the removal of the material from the service; and

  (g )   do so within:

  (i)   24 hours after the notice was given to the provider; or

  (ii)   such longer period as the Commissioner allows.

  (2)   So far as is reasonably practicable, the material must be identified in the removal notice in a way that is sufficient to enable the provider of the service to comply with the notice.