New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.38A

14.38A Defence for publications involving digital intermediaries

A defence under section 31A of the Defamation Act 2005 is sufficiently pleaded if it alleges that--

(a) the defendant was a digital intermediary in relation to the publication, and

(b) the defendant had, at the time of the publication, an accessible complaints mechanism for the plaintiff to use, and

(c) if the plaintiff gave the defendant a written complaint under the section about the publication--reasonable access prevention steps, if steps were available, were taken in relation to the publication, whether before the complaint was given or within 7 days after the complaint was given.