ONLINE SAFETY ACT 2021 - SECT 77 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
ONLINE SAFETY ACT 2021 - SECT 77
Removal notice given to the provider of a social media service, relevant electronic service or designated internet service(a) an intimate image of a person 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 intimate image is the subject of:
(i) a complaint made to the Commissioner under section 3 2 ; or
(ii) an objection notice given to the Commissioner under section 3 3 ; and
(c) if sub paragraph ( b )(i) applies--the Commissioner is satisfied that the person did not consent to the provision of the intimate image on the service; and
(d) the provision of the intimate image on the service is not an exempt provision of the intimate image ;
the Commissioner may give the provider of the service a written notice, to be known as a removal notice , requiring the provider to:
(e) take all reasonable steps to ensure the removal of the intimate image from the service; and
(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 intimate image 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.
Notice of refusal to give a removal notice
(3) If the Commissioner decides to refuse to give a removal notice under subsection ( 1), the Commissioner must give written notice of the refusal to:
(a) if sub paragraph ( 1)( b )(i) applies--the person who made the complaint mentioned in that subparagraph; or
(b) if sub paragraph ( 1)(b )(ii) applies--the person who
gave the objection notice mentioned in that subparagraph.