Removal notice given to a hosting service provider
66 Removal notice given to a hosting service provider
If:
material is, or has been, provided on:
a social media service; or
a relevant electronic service; or
a designated internet service; and
the material was the subject of a complaint that was made to the provider of the service; and
the material was not removed from the service within:
48 hours after the complaint was made; or
such longer period as the Commissioner allows; and
a complaint has been made to the Commissioner under section 30 about the material; and
the Commissioner is satisfied that the material is or was cyber‑bullying material targeted at an Australian child; and
the material is hosted by a hosting service provider;
the Commissioner may give the hosting service provider a written notice, to be known as a removal notice, requiring the provider to:
take all reasonable steps to cease hosting the material; and
do so within:
24 hours after the notice was given to the provider; or
such longer period as the Commissioner allows.
So far as is reasonably practicable, the material must be identified in the removal notice in a way that is sufficient to enable the hosting service provider to comply with the notice.
Notice of refusal to give a removal notice
If the Commissioner decides to refuse to give a removal notice under subsection (1), the Commissioner must give written notice of the refusal to the person who made a section 30 complaint about the material concerned.
This Act’s bill:Explanatory memorandumSecond reading speech
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