New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.28A

15.28A Particulars in relation to defence for publications involving digital intermediaries

Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 31A of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish 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.