Defence—reasonable steps to prevent use of a website for child abuse material
51S Defence—reasonable steps to prevent use of a website for child abuse material
S. 51S inserted by No. 47/2016 s. 16.
It is a defence to a charge for an offence against section 51E(1) if A, on becoming aware that the website is being used, or has been used, by another person to deal with child abuse material, takes all reasonable steps in the circumstances to prevent any person from being able to use the website to deal with child abuse material.
In determining whether A has taken all reasonable steps in the circumstances for the purposes of subsection (1), regard must be had to whether A did any of the following as soon as it was practicable to do so—
shut the website down;
modified the operation of the website so that it could not be used to deal with child abuse material;
notified a police officer that the website is being, or has been, used to deal with child abuse material and complied with any reasonable directions given to A by a police officer as to what to do in relation to that use of the website;
notified a relevant industry regulatory authority that the website is being, or has been, used to deal with child abuse material and complied with any reasonable directions given to A by that authority as to what to do in relation to that use of the website.
Note
The reference to A in this section is a reference to the same A referred to in section 51E.
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