ONLINE SAFETY ACT 2021 - SECT 120 Remedial notice given to a hosting service provider

ONLINE SAFETY ACT 2021 - SECT 120

  (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)(f), (g), (h), (i), (j), (k) or (l) ; 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 material is hosted by a hosting service provider; and

  (f )   the material is hosted in Australia;

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

  (g )   take all reasonable steps to ensure either of the following situations exist in relation to the material:

  (i)   the service ceases to host the material;

  (ii)   access to the material is subject to a restricted access system; and

  (h )   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 rem edial notice in a way that is sufficient to enable the hosting service provider to comply with the notice.