ENHANCING ONLINE SAFETY FOR CHILDREN ACT 2015 (NO. 24, 2015) - SECT 29 Request for removal of cyber-bullying material
ENHANCING ONLINE SAFETY FOR CHILDREN ACT 2015 (NO. 24, 2015) - SECT 29
Request for removal of cyber-bullying materialDefault rule
(1) If:
(a) material is provided on a tier 1 social media service; and
(b) the material was the subject of a complaint that was made under the service's complaints scheme; and
(c) the material was not removed from the service within:
(i) 48 hours after the complaint was made; or
(ii) such longer period as the Commissioner allows; and
(d) a complaint has been made to the Commissioner under section 18 about the material; and
(e) the Commissioner is satisfied that the material is or was cyber-bullying material targeted at an Australian child; and
(f) the application for the declaration of the service as a tier 1 social media service did not contain a statement covered by subsection 23(3);
the Commissioner may give the provider of the service a written notice requesting the provider to:
(g) remove the material from the service; and
(h) do so within 48 hours after the notice was given to the provider.
Note: For declaration of a tier 1 social media service, see section 23.
Special rule
(2) If:
(a) material is provided on a tier 1 social media service; and
(b) the service's terms of use contains:
(i) a provision that prohibits end-users from posting cyber-bullying material on the service; or
(ii) a provision that may reasonably be regarded as the equivalent of a provision covered by subparagraph (i); and
(c) the Commissioner is satisfied that the material breaches that provision of the service's terms of use; and
(d) the material was the subject of a complaint that was made under the service's complaints scheme; and
(e) the material was not removed from the service within:
(i) 48 hours after the complaint was made; or
(ii) such longer period as the Commissioner allows; and
(f) a complaint has been made to the Commissioner under section 18 about the material; and
(g) the Commissioner is satisfied that the material is or was cyber-bullying material targeted at an Australian child; and
(h) the application for the declaration of the service as a tier 1 social media service contained a statement covered by subsection 23(3);
the Commissioner may give the provider of the service a written notice requesting the provider to:
(i) remove the material from the service; and
(j) do so within 48 hours after the notice was given to the provider.
Note 1: For declaration of a tier 1 social media service, see section 23.
Note 2: See also section 104 (terms of use).
Statement covered by subsection 23(3)
(3) If:
(a) the application for the declaration of a service as a tier 1 social media service contained a statement covered by subsection 23(3); and
(b) the service's terms of use does not contain:
(i) a provision that prohibits end-users from posting cyber-bullying material on the service; or
(ii) a provision that may reasonably be regarded as the equivalent of a provision covered by subparagraph (i);
disregard the statement.
Note: See also section 104 (terms of use).
Cyber-bullying material
(4) For the purposes of paragraphs (2)(b) and (3)(b), cyber-bullying material has its ordinary meaning.