Harmful Digital Communications Bill

  • enacted
20A Further provisions relating to liability of online content host

(1)

If consent to the release of personal information that identifies the party giving the notice is withheld under section 20, the online content host must hold that personal information as confidential information that is not to be released except by order of a District Court Judge or High Court Judge made on an application under this subsection.

(2)

The Approved Agency may lodge a notice of complaint under section 20 on behalf of a complainant and provide advice and assistance to the complainant in relation to the complaint.

(3)

The fact that an online content host does not take advantage of section 20(2) does not of itself create any civil or criminal liability for hosting the specific content.

(4)

Nothing in section 20 or this section affects

(a)

section 211 of the Criminal Procedure Act 2011; or

(b)

section 19 of the Bail Act 2000; or

(c)

copyright liability, or any proceedings, under the Copyright Act 1994; or

(d)

any enactment that expressly overrides subsection (2).

(5)

Nothing in section 20 or this section limits the right of an individual to injunctive relief in relation to the content of a digital communication posted by another person and hosted by the online content host.