78Removal notice given to an end‑user

78 Removal notice given to an end‑user

(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 was posted on the service by a particular end‑user of the service; and (c) 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 (d) if subparagraph (c)(i) applies—the Commissioner is satisfied that the person did not consent to the provision of the intimate image on the service; and (e) the provision of the intimate image on the service is not an exempt provision of the intimate image; the Commissioner may give the end‑user a written notice, to be known as a removal notice, requiring the end‑user to: (f) take all reasonable steps to ensure the removal of the intimate image from the service; and (g) do so within: (i) 24 hours after the notice was given to the end‑user; 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 end‑user 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)(c)(i) applies—the person who made the complaint mentioned in that subparagraph; or (b) if subparagraph (1)(c)(ii) applies—the person who gave the objection notice mentioned in that subparagraph.