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Minimum amount of damages under section 96(4)

Online Safety (Relief and Accountability) (Damages in Court Proceedings) Regulations 2026

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—(1) The following torts and online harmful activities are specified for the purposes of section 96(4):(a)the tort of intimate image abuse mentioned in section 83;(b)the tort of image‑based child abuse mentioned in section 84;(c)intimate image abuse related to the tort mentioned in section 90, 91 or 94;(d)image‑based child abuse related to the tort mentioned in section 90, 91 or 94.(2) For the purposes of section 96(4), a minimum amount of $5,000 in damages is specified for each child abuse image or recording or each intimate image or recording (as the case may be) that is the subject of a claim mentioned in that provision.(3) In awarding the minimum amount of damages mentioned in paragraph (2), it is not necessary for the court to require any evidence to be adduced to prove that the tort or online harmful activity had caused damage to the victim of the tort or online harmful activity.(4) To avoid doubt, paragraph (2) does not prevent the court from awarding damages exceeding the minimum amount mentioned in that paragraph.

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