An applicant for take down orders under the Court Suppression and Non-publication Orders Act 2010 (NSW) must adduce evidence about the effect on search engine algorithms of removing targeted content, and must demonstrate that the orders would not be futile given the availability of the same information on websites outside the scope of the proposed orders. The Jury Study by Professor Hunter does not displace the presumption that jurors follow judicial directions; its conclusions in fact support the effectiveness of improved jury directions rather than take down orders.
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