Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
77 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
If:
an intimate image of a person is, or has been, provided on:
a social media service; or
a relevant electronic service; or
a designated internet service; and
the intimate image is the subject of:
a complaint made to the Commissioner under section 32; or
an objection notice given to the Commissioner under section 33; and
if subparagraph (b)(i) applies—the Commissioner is satisfied that the person did not consent to the provision of the intimate image on the service; and
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:
take all reasonable steps to ensure the removal of the intimate image from the service; 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 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
If the Commissioner decides to refuse to give a removal notice under subsection (1), the Commissioner must give written notice of the refusal to:
if subparagraph (1)(b)(i) applies—the person who made the complaint mentioned in that subparagraph; or
if subparagraph (1)(b)(ii) applies—the person who gave the objection notice mentioned in that subparagraph.
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