Service provider notifications
85 Service provider notifications
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, with the consent of the complainant, give the provider of the service a written notice that:
identifies the image; and
states the Commissioner is satisfied that the person did not consent to the provision of the image on the service.
If the Commissioner is satisfied that there were 2 or more occasions during the previous 12 months on which:
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 provision of the intimate image contravened the service’s terms of use; and
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:
prepare a statement to that effect; and
publish the statement on the Commissioner’s website; and
give a copy of the statement to the provider of the service.
This Act’s bill:Explanatory memorandumSecond reading speech
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