79Removal notice given to a hosting service provider

#### 79 Removal notice given to a hosting service provider (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 intimate image is hosted by a hosting service provider; 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 hosting service provider a written notice, to be known as a removal notice, requiring the provider to: (f) take all reasonable steps to cease hosting the intimate image; and (g) 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 hosting service provider 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.