65Removal notice given to the provider of a social media service, relevant electronic service or designated internet service

65 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service

(1) If: (a) material 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 material was the subject of a complaint that was made to the provider of the service; and (c) the material was not removed from the service within: (i) 48 hours after the complaint was made; or (ii) such longer period as the Commissioner allows; and (d) a complaint has been made to the Commissioner under section 30 about the material; and (e) the Commissioner is satisfied that the material is or was cyber‑bullying material targeted at an Australian child; the Commissioner may give the provider of the service a written notice (a removal notice) requiring the provider to: (f) remove the material from the service; and (g) do so within: (i) 24 hours after the removal notice was given to the provider; or (ii) such longer period as the Commissioner allows.

Note: For enforcement, see:

(a) sections 67 and 162 (civil penalty); and
(b) section 163 (infringement notices); and
(c) section 164 (enforceable undertakings); and
(d) section 165 (injunctions).

(2) So far as is reasonably practicable, the material 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 the person who made a section 30 complaint about the material concerned.