List of Recommendations

Recommendation 1

2.125
The committee recommends that the bill be amended so that a social media page owner may be liable for a poster's defamatory material where the social media page owner:
knowingly encourages the publication of a poster's defamatory material; and
has been notified or is aware of the poster's defamatory material and has failed to remove it promptly.

Recommendation 2

2.126
The committee recommends that the bill be amended so that the complaints scheme provides that a social media service provider can 'take down' the poster's alleged defamatory material, within 72 hours, without the poster's consent, if such poster has been requested to remove the alleged defamatory material but has not responded.

Recommendation 3

2.127
The committee recommends that the bill be amended so that an end-user information disclosure order (EIDO) should not be granted if the Court is satisfied that the disclosure of relevant contact details or country location data is likely to present a risk to the poster's safety or any other person, such as in domestic violence situations.

Recommendation 4

2.128
Following the implementation of recommendations 1, 2 and 3, the committee recommends that the Senate passes the bill.

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Past Public Hearings

15 Mar 2022: Canberra
10 Mar 2022: Canberra