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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents