Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 85

  (1)   If:

  (a)   an intimate image of a person is, or has been, provided on:

  (i)   a social media service; or

  (ii)   a relevant electronic service; or

  (iii)   a designated internet service; and

  (b)   the intimate image is the subject of:

  (i)   a complaint made to the Commissioner under section   3 2 ; or

  (ii)   an objection notice given to the Commissioner under section   3 3 ; and

  (c)   if sub paragraph   ( b )(i) applies--the Commissioner is satisfied that the person did not consent to the provision of the intimate image on the service; and

  (d)   the provision of the intimate image on the service is not an exempt provision of the intimate image ;

the Commissioner may, with the consent of the complainant, give the provider of the service a written notice that:

  (e)   identifies the image; and

  (f)   states the Commissioner is satisfied that the person did not consent to the provision of the image on the service.

  (2)   If the Commissioner is satisfied that there were 2 or more occasions during the previous 12 months on which:

  (a)   an intimate image of a person is, or has been, provided on:

  (i)   a social media service; or

  (ii)   a relevant electronic service; or

  (iii)   a designated internet service; and

  (b)   the provision of the intimate image contravened the service's terms of use; and

  (c)   the person did not consent to the provision of the intimate image on the service; and

  (d)   the provision of the intimate image on the service is not an exempt provision of the intimate image ;

the Commissioner may:

  (e)   prepare a statement to that effect; and

  (f)   publish the statement on the Commissioner's website; and

  (g)   give a copy of the statement to the provider of the service.