By Michael Finucane - 11 Nov 2016
Do you run a website or app on which people can send
messages or post information? Could the messages / information
cause harm to another? The new civil complaints regime under
the Harmful Digital Communications Act comes into force on 21
November 2016 and you need to be prepared.
You are no longer able to sit back and let those messages
continue. You are responsible.
If you receive a complaint, you must act quickly to ensure you
avoid both civil and criminal liability. If you want to rely on the
'safe harbour' provisions in the Act to avoid liability you have
very short deadlines to meet. It is essential that you have a
policy in place ready to meet the Act's strict timeframes and
procedures for dealing with a complaint and to ensure that your
staff are aware of and comply with the Act. With only 48 hours to
respond to a complainant, there is little room to work out these
procedures on the day.
If you would like assistance in understanding your obligations,
or putting in place the policies to ensure you can avoid liability
you should contact our commercial team to discuss.
Contacts
Melissa
Higham
Michael
Finucane