Online Safety Act, No. 9 of 2024 23 (a) the statement was a prohibited statement; (b) the order is sought for the sole purpose of identifying the person who communicated such prohibited statement; and (c) the order is a proportionate and necessary response in all of the circumstances of the matter before the Court, taking into consideration whether the petitioner’s right to disclosure of the information is outweighed by any countervailing right or interest of the person sought to be identified, issue the order sought by the Commission. (4) The order made under subsection (3) may contain, inter alia(a) the name of the internet intermediary which is required to disclose the information sought; and (b) any other order as the Magistrate deems fit. (5) (a) The order made under subsection (3) shall be deemed to be served, where it is served by personal service, sent by post to the last known address of the internet intermediary, or served by electronic means to such internet intermediary, or by such other appropriate method ordered by the Magistrate depending on the nature of the case. (b) The order made under subsection (3) shall be deemed to be served by electronic means where such order is sent to the email address or social media account, of the internet intermediary on whose online location such prohibited statement has been communicated.

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