Document ID: chunk:federal_register_of_legislation:C2024C00852:section:77
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 77
Character Range: 117675–119407

77  Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
 (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 32; or
 (ii) an objection notice given to the Commissioner under section 33; and
 (c) if subparagraph (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 give the provider of the service a written notice, to be known as a removal notice, requiring the provider to:
 (e) take all reasonable steps to ensure the removal of the intimate image from the service; and
 (f) do so within:
 (i) 24 hours after the notice was given to the provider; or
 (ii) such longer period as the Commissioner allows.
 (2) So far as is reasonably practicable, the intimate image must be identified in the removal notice in a way that is sufficient to enable the provider of the service to comply with the notice.

Notice of refusal to give a removal notice
 (3) If the Commissioner decides to refuse to give a removal notice under subsection (1), the Commissioner must give written notice of the refusal to:
 (a) if subparagraph (1)(b)(i) applies—the person who made the complaint mentioned in that subparagraph; or
 (b) if subparagraph (1)(b)(ii) applies—the person who gave the objection notice mentioned in that subparagraph.