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ENHANCING ONLINE SAFETY FOR CHILDREN ACT 2015 (NO. 24, 2015) - SECT 42

End-user notice

             (1)  If:

                     (a)  material is, or has been, provided on a social media service or relevant electronic service; and

                     (b)  a complaint has been made to the Commissioner under section 18 about the material; and

                     (c)  the Commissioner is satisfied that the material is or was cyber-bullying material targeted at an Australian child; and

                     (d)  the material was posted on the service by a particular end-user of the service;

the Commissioner may give the end-user a written notice (an end-user notice ) requiring the end-user to do any or all of the following:

                     (e)  if the material is provided on the service--to:

                              (i)  take all reasonable steps to ensure the removal of the material from the service; and

                             (ii)  do so within the period specified in the notice;

                      (f)  in any case--to refrain from posting any cyber-bullying material for which the child is the target;

                     (g)  in any case--to:

                              (i)  apologise to the child (or, if the child has become an adult, to the adult) for posting the material; and

                             (ii)  do so in the manner, and within the period, specified in the notice.

Transitional

             (2)  If material was posted on a social media service or relevant electronic service before the commencement of this section, paragraph (1)(a) does not apply to the material unless the material was provided on the service after the commencement of this section.



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