Broadcasting Act 1994 · 2020 Revised Edition · Part 10A · Online Communication Service Regulation
45M. Duty of regulated online communication service provider
Feedback & supportLast amended by an amending law of 2022.
Every provider of a regulated online communication service has the duty to take all reasonably practicable steps to comply with the online Code of Practice applicable to the provider in the provision of the regulated online communication service.
provider
“provider”, for an online communication service, has the meaning given by section 2D;
Where it is alleged for the purposes of this Act that any provider of a regulated online communication service failed to comply with the duty under subsection (1), it is for the provider to show that —
regulated online communication service
“regulated online communication service” means an online communication service that is designated under section 45K(1) as a regulated online communication service;
it was not reasonably practicable to do more than what was in fact done to satisfy that duty; and
there was no better practicable means than was in fact used to satisfy that duty.
A requirement of an online Code of Practice applicable to a provider of a regulated online communication service has effect despite —
online Code of Practice
“online Code of Practice” means a Code of Practice that is issued or amended under section 45L or amended under section 59(3) on appeal;
any duty of confidentiality or privacy imposed by any rule of law; or
any duty imposed by any contract or any rule of professional conduct,that prevents the provider from complying with that requirement or restricts the provider in such compliance.
No civil or criminal liability is incurred by a provider of a regulated online communication service or an officer, employee or agent of such a provider, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a requirement of the online Code of Practice.
An online Code of Practice otherwise does not have legislative effect.