14Additional expectations—provider will ensure service has terms of use, certain policies etc.

14 Additional expectations—provider will ensure service has terms of use, certain policies etc.

(1) The provider of the service will ensure that the service has: (a) terms of use; and (b) policies and procedures in relation to the safety of end‑users; and (c) policies and procedures for dealing with reports and complaints mentioned in section 13 or 15; and (d) standards of conduct for end‑users (including in relation to material that may be posted using the service by end‑users, if applicable), and policies and procedures in relation to the moderation of conduct and enforcement of those standards.

Note 1: See section 17 in relation to making this information accessible to end‑users.

Note 2: For paragraph (b), the policies and procedures might deal with the protection, use and selling (if applicable) of end users’ personal information.

(1A) The provider of the service will take reasonable steps (including proactive steps) to detect breaches of its terms of use and, where applicable, breaches of policies and procedures in relation to the safety of end‑users, and standards of conduct for end‑users. (2) The provider of the service will take reasonable steps (including proactive steps) to ensure that any penalties specified for breaches of its terms of use, policies and procedures in relation to the safety of end‑users, and standards of conduct for end‑users, are enforced against all accounts held or created by the end‑user who breached the terms of use and, where applicable, breached the policies and procedures, and standards of conduct, of the service. (3) The provider of the service will, within a reasonable period of time:

(a) review and respond to reports and complaints mentioned in sections 13 and 15; and

(b) take reasonable steps to provide feedback on the action taken.

(4) For the purposes of subsection (3), in determining ‘a reasonable period of time’, the provider must have regard to:

(a) the nature and impact of the harm that is the subject of the report or complaint;

(b) the complexity of investigating the report or complaint; and

(c) any other relevant matters.

(5) For the purposes of paragraph (3)(a):

(a) review means considering a report or complaint from when it is first made; and

(b) respond means taking and implementing a decision to have content removed and reported, have an end‑user banned, or other content moderation decisions, or a decision to take no action.