Australian Capital Territory Current Acts

CIVIL LAW (WRONGS) ACT 2002 - SECT 122C

    (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.