New South Wales Consolidated Acts

DEFAMATION ACT 2005 - SECT 10C

10C 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 1 or more of the following services provided by the intermediary--

(i) a caching service,

(ii) a conduit service,

(iii) a storage service, and

(b) the intermediary's role in the publication was limited to providing 1 or more of the services mentioned in paragraph (a), and

(c) the intermediary did not do any of the following--

(i) initiate the steps required to publish the matter,

(ii) select any of the recipients of the matter,

(iii) encourage the poster of the matter to publish the matter,

(iv) edit the content of the matter, whether before or after it was published,

(v) 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--: 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.