Exemption for digital intermediaries providing caching, conduit or storage services
9C Exemption for digital intermediaries providing caching, conduit or storage services
(1) A digital intermediary is not liable for defamation for the publication of digital matter if the intermediary proves:
(a) the matter was published using one or more of the following services provided by the intermediary:
a caching service;
a conduit service;
a storage service; and
(b) the intermediary's role in the publication was limited to providing one or more of the services mentioned in paragraph (a); and
the intermediary did not do any of the following:
initiate the steps required to publish the matter;
select any of the recipients of the matter;
encourage the poster of the matter to publish the matter;
(iv) edit the content of the matter, whether before or after it was published;
promote the matter, whether before or after it was published.
(2) Subsection (1)(c) does not apply in relation to action taken because it is required by or under a law of an Australian jurisdiction or an order of an Australian court or Australian tribunal.
Example for subsection (2)
Action taken to comply with a code of conduct or other document regulating conduct that a digital intermediary is required to comply with by a law of an Australian jurisdiction.
(3) Subsection (1) applies regardless of whether the digital intermediary knew, or ought reasonably to have known, the digital matter was defamatory.
This Act’s bill:Second reading speech
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